GA DUI Laws

The Law Office of Lawrence Kohn

Living in the Peach State is anything but “peachy keen” when you’ve been charged with a DUI. But when you have an experienced DUI attorney on your side, you can get your life back to normal again. DUI laws are some of the most complex areas of law. And they are also always changing. But knowledge is power and here are some of the Georgia-specific DUI laws you need to know.

Less Safe and Per Se DUI Violations

Found in O.C.G.A. Section 40-6-391 is the main DUI statue. This is a violation of subsections (a) 1, 2, 3, 4, 5 or 6. Your lawyer already knows that subsections (a) 1-4 are “less safe” violations while (a) 5-6 are “per se” or “unlawful level” violations.

If your arrest is due to a “less safe” violation, the prosecution that you were under the influence of drugs or alcohol while driving at it was affecting your driving abilities. If you were charged with a “per se” violation, this means that you’re being charged with a DUI because your blood alcohol content (BAC) was over Georgia’s legal limit of .08% - not because you were necessarily intoxicated.

Georgia BAC

Like the other 50 states, Georgia’s legal BAC driving limit is .08%. However, Georgia has other laws that pertain to those with a BAC of under .08%. Georgia law states that a BAC of .05% or less is grounds for prosecution to prove that you were a “less safe” driver. If your BAC was between .05% and .08% %, there is no conclusion one way or the other that you are a less safe driver.

Per Se BAC

You violate this DUI statue when your BAC is .08% or more due to alcohol or another illegal drug like cocaine is found in your system.

Georgia’s Zero Tolerance

Under this law, anyone under 21 cannot be found driving with a BAC of at least 0.02%. If so, this is a violation of the “per se” law.

Commercial Vehicle Drivers

A commercial vehicle driver is a DUI with a BAC of .04% or more in the State of Georgia.