What is the legal limit in Georgia for a DUI?

Dan Dewoskin • Oct 28, 2018

What is the legal limit in Georgia for a DUI?

In Georgia, it is generally illegal for a person to operate or be in control of a motor vehicle when a person’s blood alcohol concentration (BAC) is 0.08 grams or more by weight of alcohol at any time within three hours after driving.

Notice above I wrote that the legal limit is generally 0.08. There are a couple exceptions. If you are under the age of 21, the legal limit is 0.02. If you are driving a commercial vehicle, the legal limit is 0.04. Any DUI in which you are above the legal limit is considered to be a charge of DUI Per Se. However, it is also important to note that you can be convicted of DUI even if your BAC is not above 0.08. This would be a charge of DUI Less Safe. If you are deemed to be a less safe driver while under the influence of alcohol, even if your BAC is below 0.08, a jury would be authorized to convict.

How high your BAC is at any given moment is very difficult to determine. It depends on how much and what type of alcohol you have consumed, your body mass, and a variety of other factors. The State typically attempts to measure a person’s BAC by testing blood, breath, or urine. However, even if your BAC is over the legal limit there are still ways to fight a DUI charge. Perhaps the reason the officer pulled you over was unlawful. Perhaps the machine used by the officer to measure your BAC was not calibrated properly.

These are just two of a myriad of issues that can potentially undermine the State’s DUI case against you. If you have been charged with DUI, I encourage you to hire an experienced DUI attorney as quickly as possible. Call the DeWoskin Law Firm at 404-987-0026.

By Dan Dewoskin 09 Mar, 2020
Our firm has recently been hired by several different clients involved in car accidents, in which immediately after the accident, our client called the police. While waiting for police to arrive, the at-fault driver provided our client a copy of his or her insurance information, allowed our client to take a photo of their driver’s […]
By Dan Dewoskin 17 Feb, 2020
The number of hit and run accidents that take place in metro Atlanta is staggering.  We see clients far more often than we would expect after car wrecks where the other driver takes off into the night.  Sometimes, these wrecks are minor, but often, they involve serious collisions with no other driver in sight when […]
By Dan Dewoskin 27 Jan, 2020
If you have had a driver’s license for any significant amount of time, the chances are you have been in some sort of car accident or collision in the past.  It may have been something minor, or perhaps a more serious wreck where you were injured and recovery took more time and treatment than you […]
By Dan Dewoskin 31 Dec, 2019
If you are injured as a result of another person’s negligence, you are entitled under Georgia law to recover all damages that flow from that injury. Typically, this is referred to as a personal injury claim. In Georgia, especially in the metro Atlanta area, many personal injury claims result from car wrecks. So, what happens […]
By Dan Dewoskin 04 Dec, 2019
You have heard all the nightmare stories about people who do not carry uninsured motorist (UM) coverage.  You have read the articles or listened to personal details of Georgians who were rear ended by drunk drivers whose licenses were suspended at the time of the accident, or perhaps people who were hit by someone driving […]
By Dan Dewoskin 06 Nov, 2019
If you are considering filing a personal injury lawsuit as a result of being injured in a car wreck or any other incident in which you are injured as a result of another person’s negligence, it is likely you will be questioned by opposing counsel in a deposition. Any number of people may be deposed […]
By Dan Dewoskin 16 Oct, 2019
Most Georgia drivers are now aware of the law that took effect in 2018 making it illegal to text or operate a cellphone or similar device while driving.  O.C.G.A. § 40-6-241 makes it illegal to even “physically hold or support, with any part of the body” a wireless communications device.  It should go without saying […]
By Dan Dewoskin 25 Sep, 2019
In Georgia, it is illegal to drive a motor vehicle without auto insurance in the amount of at least $25,000.00. Keep in mind that the auto insurance you carry protects your assets in the event you cause a collision. But what if you are injured in a wreck caused by someone else, and the at-fault […]
By Dan Dewoskin 09 Aug, 2019
Where a crime takes place in Georgia, and most places, is an extremely important question.  Yesterday, the Gwinnett County Solicitor General announced that the prosecutors will not prosecute marijuana possession cases with arrest dates of May 10, 2019 or after due to a law change that pertains to THC levels. https://www.wsbtv.com/news/local/gwinnett-county/this-metro-county-will-not-prosecute-any-more-marijuana-cases-for-now/974261373. In essence, it is now […]
By Dan Dewoskin 01 Aug, 2019
Bank of America and American Express are first party debt collectors, meaning that if and when they file suit against you, they are the original lenders seeking to collect their own debts.  Thus, these are often tougher cases to beat in court.  However, before agreeing to settle or pay even a first party debt, there […]
More Posts

Why wait any longer? Request a free quote at 404-987-0026!

Share by: