Common DUI Questions: Georgia DUI Laws
Reject the test in the state of Georgia, and the court might just reject your driving privileges!
What does this mean? Well, according to current Georgia DUI laws, if a driver is suspected of being under the influence when pulled over (dugs OR alcohol), a chemical test may be requested on the spot by the officer.
What is a chemical test? In this case, we are referring to blood, breath, or urine.
An officer might request a test for any number of reasons...among them, bloodshot/glassy eyes, slurred speech, an alcohol odor, unsteady balance, or an other indicator of 'unsafe' driving.
Current Georgia DUI laws state that there are two basic kinds of violations. The first, "per se", is essentially the same as "unlawful level". The second violation is called simply "less safe", and if you are charged with "less safe", it must be proven that you are under the influence of any drug, alcohol, or drug/alcohol mix that might make you "less safe" to drive.
What is "per se"? This violation doesn't have to prove anything in terms of being a less safe than average driveer....it simply states that you either have drugs in your blood (any amount) OR that you have an unlawful blood alcohol level.
That brings us to "unlawful" blood alcohol level....just what are the numbers? Current Georgia DUI laws state that .08% is the legal limit for DUI. However, if an officer can show that you were operating a vehicle in an unsafe manner at just .05%, you might be in trouble!
In addition, if you happened to be operating a commercial vehicle while stopped with a blood alcohol level of just .04%, you will be considered "in violation" of the DUI statute.
Another note...suppose you haven't even been drinking, but that you've ingested alcohol from any other number of sources including over the counter drugs, antihistamines, or mouthwash.....you can STILL BE ARRESTED for driving in an unsafe or "impaired" manner.
So, there are several ways in which you could be at risk when it comes to blood alcohol under Georgia DUI laws....best to ask for an attorney in some of these circumstances.
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