Shawn Bible Law Main: (706) 375-2145
Ringgold: (706) 935-8864
Shawn Bible - Lawyer in NW Georgia

DUI in Georgia – The Basics

What is DUI?

It is illegal to be in control of a motor vehicle if under the influence of alcohol or drugs to the extent that you are “less safe” to drive or if your alcohol content is 0.08 or more.  There are two basic types of DUI prosecutions.  DUI Less Safe and DUI Per Se.

 

What is DUI Less Safe?  (Cases where there are not test results or results are under the per se limit).

It is unlawful to be in control of a motor vehicle if you are under the influence of alcohol or drugs to the extent that it is less safe to drive.  The State will generally try to use a combination of driving conduct, field tests and physical observations (i.e.. odor of alcohol, unsteady on feet, slurred speech, etc.) to make out its case.  The arresting officer will usually testify that it is his or her “opinion” that this combination of factors shows the defendant was a “less safe” driver due to the influence of alcohol or drugs.

 

What is DUI “Per se”

Georgia law makes it illegal to be in control of a motor vehicle if your alcohol concentration (BAC) is 0.08 grams or more at any time within three hours after driving. O.C.G.A. 40-6-391(a)(5).

Posted on: 31 Jul, 2012          under: Criminal Law, DUI, Traffic Law

No responses to “DUI in Georgia – The Basics”

Comments are closed.