In Georgia, allegations of driving under the influence of alcohol or drugs are taken seriously. People who are accused of committing a DUI can face various penalties that can make their lives difficult. When thinking about options for a defense, it is important to understand the law itself and how the details of the arrest are considered.
What are the blood alcohol limits and consequences for a DUI?
Under Georgia law, there are limits for blood alcohol concentration when driving. First, the term “per se” means that if a person reaches a certain BAC limit, they will be considered under the influence as a matter of law. The per se limit in Georgia is .08. With that, if testing shows that a driver is at or above that level, he or she is deemed intoxicated.
For underage people who have consumed alcohol and drove, the level is .02. Since they are not supposed to be drinking anyway, this is the “zero tolerance” BAC limit. A driver who is at .15 BAC will be subject to enhanced penalties as it is an aggravated BAC limit. Drivers should also know that they must adhere to implied consent meaning they have no right to decline if a law enforcement officer requests they submit to a test. There can be penalties for a refusal alone. It is imperative to grasp these facts when confronted by a potential DUI charge.
Combating DUI charges can avoid the harsh consequences
A conviction for DUI can result in a driver’s license being suspended or revoked for certain time-periods depending on the offense. The previous driving record and if there were other DUI offenses will be factored in. The driver will be ordered to take part in alcohol education, assessment and treatment. The vehicle can be confiscated by law enforcement. An ignition interlock device might be installed to ensure the driver is not under the influence before starting it. A conviction can present personal, professional and financial problems that should be avoided if possible. There are avenues of defense that should be explored to try and reach a positive outcome.
