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October 28, 2018

What is the legal limit in Georgia for a DUI?

Posted by Dan Dewoskin in Articles, Blog, Criminal Defense

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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.

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Author: Dan Dewoskin