Georgia drivers: .08 is not necessarily your magic number

Perhaps you left a college house party, but you only had a few drinks. You feel fine, so you decide to drive yourself home. Unfortunately, your slightly-blurred vision causes you to not notice another driver as you roll through a stop sign, and you crash. In Georgia, residents may be convicted of a DUI even if their blood-alcohol level reads less than .08 percent.

Driving under the influence of drugs or alcohol proves incredibly dangerous for drivers, passengers and pedestrians. While all states have enacted laws to punish those convicted of a DUI, Georgia's specific DUI laws prove more severe. It proves essential for drivers to only drive when their body demonstrates clear capability.

Any amount of alcohol can be "less safe"

For most states, operating a vehicle while drunk constitutes a DUI charge if your blood-alcohol level reads more than .08 percent. Understanding that alcohol affects individuals drastically differently is the reason for the implementation of Georgia's DUI Less Safe law.

Some young women's motor skills may show inebriation at .05 percent, while a 45-year old man's reaction time may not demonstrate intoxication until .1 percent. Under the Less Safe law, a court may convict both individuals of a DUI.

The Less Safe law and proof

The law states that any individual may be arrested and prosecuted while driving under the influence of alcohol even if their blood-alcohol level reads lower than .08 percent.

A DUI conviction proves not to revolve around your BAC level at the time of your arrest, it decides how dangerous your actions prove to be.

To prove a less-safe DUI, the court must demonstrate that the individual showed impairments, risking the safety of themselves, other drivers or pedestrians. Without proof and a BAC reading of less than .08 percent, the case may not hold in court.

To prove you showed enough signs of intoxication to be conviction of a DUI charge, the court may provide evidence that:

  • Witnesses exhibited your erratic or dangerous driving
  • Damage was caused to property or your own vehicle
  • Traffic violations occurred due to your inattention
  • You injured yourself or another individual
  • You were unable to follow basic requests by the officer

Should you decide to drive after consuming alcohol, you must first determine whether you have consumed less than the federal legal limit. Then, you must decide whether they are safe enough to operate a vehicle. To protect yourself from a DUI Less Safe conviction in Georgia, you may simply want to find a sober ride.

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