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There are many different ways that a driver can be
charged with DUI in the state of Georgia.
We begin with the premise that you must be driving or be in actual physical control of
a motor vehicle in order to be charged. Under Georgia law, the offense can occur on public roads or on
private property. Being behind the wheel with the keys in the ignition
and the radio or heater on may be enough to qualify as "actual physical
control." The safest thing to do is to stay out from behind the
steering wheel if you have had anything to drink.
Less safe offenses--It is a violation of Georgia law to be driving or be in actual
physical control of a motor vehicle while under the influence of one or more of the
following to the extent that the person is "less safe."
- Alcohol
- Any drug (legal or illegal, but higher proof has traditionally been required where
legal prescribed drug is involved but a recent case suggests that
there is not a higher standard although the language certainly seems to be
different: "less safe to drive" versus "incapable of driving
safely.") .
- the intentional influence of any glue, aerosol, or other
toxic vapor ("huffing")
Per Se Offenses--There are several per se offenses in Georgia.
- It is a violation of Georgia law to have an alcohol
concentration of 0.08 (0.10 before July 1, 2001) grams percent or more within three hours of driving or being in
actual physical control of a motor vehicle from alcohol consumed prior to or at the time
of driving.
- It is a violation of Georgia law to have an alcohol
concentration of 0.04 grams percent or more while driving or being in actual physical
control of a moving commercial motor vehicle.
- It is a violation of Georgia law to be under the age of 21
and have an alcohol concentration of 0.02 grams percent or more within three hours of
driving or being in actual physical control of a motor vehicle from alcohol consumed prior
to or at the time of driving.
- It is a violation of Georgia law to have present in the person's blood
or urine any marijuana or controlled substance, including any metabolites
or derivatives, whether or not there is any alcohol usage. However, the
portion of the statute dealing with marijuana has been declared unconstitutional.
It is currently unsettled as to whether other "controlled substances" also
fall afoul of the equal protection clause.
Additional Offenses--There is one additional DUI offense in Georgia
- It is a separate and non-merging offense to commit a DUI
offense (as otherwise defined above) while transporting a child under the age of fourteen
(14) years. This is usually referred to as Endangering a Child by
DUI. However, the Department of Motor Vehicle Safety, and its
predecessor agency, do not seem to treat this as a separate DUI offense
for many purposes.
In evaluating alcohol test results, the following evidentiary inferences
may be considered by the judge or jury that hears your case:
- If the alcohol test shows the alcohol concentration is 0.05
grams percent or less, it may be inferred that the person is not under the influence of
alcohol
- If the alcohol test shows the alcohol concentration is in
excess of 0.05 grams percent but less than 0.08 grams percent or less,
there is no inference as
to whether the person is under the influence of alcohol shall arise from the alcohol test
result
- If the alcohol test shows the alcohol concentration is 0.08 grams
percent or more, then it may be inferred that the person is under the influence of
alcohol.
- If the alcohol test shows the alcohol concentration is 0.08
grams percent or more, this is a per se violation as discussed above
if it is properly charged against you.
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