Posted by Jim Yeargan in DUI Laws on September 3, 2016
Earlier this month, a woman in Georgia was carried unconscious into an emergency room with a blood alcohol concentration of .566 percent, which is approximately seven times the level above which it is legal to operate motor vehicles in the state of Georgia. The woman was found lying partially naked on the property of a bar. Law enforcement was amazed that the woman had such a high blood alcohol concentration but was still living.
Later, law enforcement learned that the woman had been arrested for driving under the influence a week before. It is absolutely critical that individuals in the state of Georgia understand some information about blood alcohol contents and the role these levels play in Atlanta DUIs.
Georgia Law Concerning Blood Alcohol Concentration
Laws in the state of Georgia make it illegal for anyone over the age of twenty-one caught driving with a blood alcohol concentration of .08 grams or more to operate a motor vehicle. The laws also established the blood alcohol concentration for commercial vehicle drivers at .04 grams and at .02 grams for drivers under the age of twenty-one.
This law was designed because it was believed that potential motor vehicle drivers who have a blood alcohol concentration above this level are unable to safely operate a motor vehicle.
In order to charge a motor vehicle operator with a DUI, law enforcement merely needs prove that a motorist was operating a vehicle with a blood alcohol concentration above the legal limit. Law enforcement need not demonstrate that a motor vehicle driver was operating a vehicle poorly or that evidence of the driver’s intoxication was visible in the motor vehicle’s driving.
Instead, the presence of blood alcohol content above .08 grams can cause a motor vehicle driver to face DUI charges.
Breathalyzers In Atlanta DUIs
There are two ways in which blood alcohol concentration is measured: breathalyzers and blood samples. Breathalyzers are a more common method. Law enforcement often uses the results obtained from breathalyzers to demonstrate that intoxication has occurred.
Fortunately, skilled legal representation is able to respond to breathalyzer tests in several ways. The state of Georgia uses outdated breathalyzers, which have been shown to be inaccurate. Georgia also sends supervisors around quarterly to make sure that breathalyzers are calibrated, which is another legal strategy used to defend against DUI charges.
Blood Tests in Atlanta DUIs
Georgia law enforcement sometimes requests for a blood test to be administered rather than a breathalyzer. Blood tests are more difficult to conduct but more reliable than results from a breathalyzer. Individuals forced to take a blood test, however, are able to challenge these results by arguing that the sample either was taken improperly or that results of the test were somehow contaminated.
How An Experienced Atlanta DUI Attorney Can Help
Motor vehicle drivers in Georgia only have ten days in which to file an appeal of a driver’s license suspension. The potential punishments for driving while intoxicated can include license suspension, substantial fines, a prison sentence, and various other penalties.
Do not hesitate to contact an experienced Atlanta DUI attorney at Yeargan & Kert LLC who knows how to craft a strong legal defense if you are faced with a DUI charge.