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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. The offense can occur on public roads or on
private property.
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 required where
legal drug)
- 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 0.10 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.
Additional Offenses--There is one additional DUI offense in Georgia
- It is a separate and non-mergeable offense to commit a DUI
offense (as otherwise defined above) while transporting a child under the age of fourteen
(14) years.
In evaluating alchol test results, the following presumptions should be considered:
- If the alcohol test shows the alcohol concentration is 0.05
grams percent or less, it is presumed 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, no presumption 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 is presumed that the person is under the influence of
alcohol.
- If the alcohol test shows the alcohol concentration is 0.10
grams percent or more, this is a per se violation as discussed above
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