Types of Georgia DUI Charges

Georgia DUI law permits the prosecution of people allegedly driving under the influence of alcohol or drugs under "traditional" common law DUI charges and "per se" DUI charges.  As a society, we generally recognize that alcohol, when consumed in an excessive quantity, may impair the ability of a person to drive properly.   Therefore, alcohol, when consumed in an excessive quantity, may increase the risk of motor vehicle accidents.  Georgia, like every other state in the United States, has taken steps to address "drunk driving."  Georgia's "drunk driving" or DUI law, like every other state's, is a general reference to criminal cases where the driver is impaired by alcohol, drugs or a combination of the two and is, therefore, declared too impaired to operate a motor vehicle safely.

"Traditional" DUI Cases or Common Law DUI "Less Safe" Charges

In Georgia's ‘traditional' or common law DUI "less safe" DUI cases, the state is required to prove that the consumption of alcohol, drugs, or a combination of alcohol and drugs made the driver ‘less safe' for driving a motor vehicle.  This type of Georgia DUI charge does not require an blood, breath, or urine test. Georgia DUI law makes it permissible for a prosecutor to argue that a person accused of drunk driving or DUI was "less safe" by drawing on certain legal inferences from alcohol or drug test results, from refusal of the state-administered blood, breath, or urine test.  In its effort to show that a defendant is guilty of violating Georgia's DUI "less safe" law, the prosecution may also offer evidence that a suspect had slurred speech, performed poorly on field sobriety test, drove recklessly, or showed other such indications of impairment.

Georgia "Per Se" DUI Charges

The second way in which the state can attempt to prove a Georgia DUI case is through the chemical analysis of breath, blood or urine. In a Georgia DUI alcohol case, a DUI "per se" charge is commonly referred to as "driving with an unlawful blood alcohol level."  This type of Georgia DUI charge relies upon a chemical test result over the legally permissible limit. In Georgia, our DUI "per se" law can be violated by a person even if the person possesses the ability to drive a car safely. This is because the case rests solely on proof that the person was driving a motor vehicle while having an illegal concentration of alcohol and/or drugs in their body. Here, the state is not required to establish any "less safe" driving or any "drunken" condition. Having a Blood or Breath Alcohol Concentration (BAC) of 0.08 grams percent or more, which is 0.08 grams of alcohol per deciliter of blood is sufficient to obtain a conviction, no matter how safely the person is driving.

Because the chemical tests are carried out after driving has stopped, Georgia DUI chemical tests do not actually address the suspect's BAC at the time of driving. Georgia DUI law criminalizes driving with an unlawful alcohol or drug concentration as shown by a chemical test performed within 3 hours after driving has stopped.  It may be shown that a supect's BAC at the time of testing is lower, higher, or the same, as compared to the actual time of driving. According to Georgia law, tests given by the police at any time within three hours of driving can be used for ‘per se' calculations. For persons driving commercial vehicles, the Georgia DUI "per se" limit is 0.04 grams percent, and the Georgia DUI limit for under-21 years of age is 0.02 grams percent.

Although there are various names under which a person can be charged under Georgia DUI law, the penalties for a Georgia DUI conviction are all very serious. Moreover, there are also strict time limits if an offender needs to request a hearing to contest administrative action. So, if you have been arrested for DUI or drunk driving in Georgia, you need to seek help from a knowledgeable and experienced Georgia DUI lawyer immediately.