In Georgia, when someone is arrested for DUI they are asked to submit to a chemical test of their blood, breath, urine, or other bodily substances. When a driver submits to the state-administered chemical test of their blood or breath their results are going to fall into 1 of 3 categories. If a motorist refuses to submit to the state-administered chemical test then they will not fit into one of the categories below.
The categories below are only for motorists who took the state-administered chemical test of their blood or breath. All 3 categories have entirely different implications for someone charged with a DUI.
The test result is .08 grams or higher. This category means you are per se intoxicated. This is not a presumption of intoxication. In plain English, it means you are “legally” drunk. I’m sure we all know people who can be at a .08, .12, .15, or even higher and because of their tolerance, they won’t exhibit any signs of intoxication.
Unfortunately for these people, everyone is deemed by Georgia law to be “drunk” at .08 or higher.
Your test result is .05 grams or lower. This is good news. Even if you are charged with a DUI at .05 or lower the law presumes you are sober, or not under the influence to the extent you’re a less safe driver. It is now up to the prosecution to overcome this presumption to convict you. Unlike per se intoxication that says you are drunk (mentioned above), this is merely a presumption that may be overcome by the prosecution.
Your test result is .051 grams to .079 grams. This category is the middle ground. In Georgia, you don’t have to be drunk to be charged with a DUI. In Georgia, you only have to be impaired to the extent that you’re a less safe driver. This is what the prosecutor has to prove when your blood alcohol concentration falls between .051 grams and .079 grams.
It is up to the prosecutor to prove that the alcohol in your system made you a less safe driver. The prosecutor is going to try to prove that you were a less safe driver by relying on the reason why the police stopped you, your appearance and behavior, and the results of any Standardized Field Sobriety Tests you took. It is crucial that you have an experienced and aggressive DUI attorney’s to prove that the alcohol did not interfere with your ability to drive.
Need help in your DUI case then call DUI Jim, Atlanta DUI lawyer (404) 467 1747 to Schedule.