Georgia DUI Alcohol Limit
Under Georgia law, you can be instantly arrested for driving under the influence of alcohol if you have a blood-alcohol concentration (BAC) of .08 percent or greater. For commercial drivers, a lower BAC of .04 percent is considered per se DUI. There is a zero-tolerance policy for underage drinking in Georgia, so a BAC of .02 percent is all it takes to get a DUI charge if you are under the age of 21. In addition to the zero-tolerance rule, which applies to underage DUI, Georgia has an implied consent law. This means that you have given your consent to get tested for alcohol if you are arrested on suspicion of drunk driving. If you refuse a chemical test after being lawfully stopped and arrested for DUI, the police officer’s report on your refusal will be used against you in an administrative court .
In 2017, there were a total of 20,478 arrests for driving under the influence in Georgia, and 33 percent of those charged were "drivers found impaired by drugs." A total of 65 percent of the DUIs involved alcohol, 43 percent of them involved just alcohol, and 22 percent of them involved both alcohol and drugs. Through September 2018, there have been 12,234 DUIs in Georgia. In a state with this much drunk driving, it is essential that all motorists have an understanding of the state’s legal DUI alcohol limit so they can avoid crossing that threshold. Knowing when you have had enough to drink to drive, and then making arrangements to get home without putting yourself or anyone else in harm’s way, is crucial to keep our highways safe.
How Georgia Legal Alcohol Limits are Enforced
Georgia has several enforcement mechanisms in place that help ensure drivers comply with the state’s legal alcohol limits. Law enforcement officers are tasked with enforcing these laws and are trained to look for signs of impairment in drivers.
Once a suspect has been pulled over, the arresting officer will often conduct a field sobriety test. These tests examine the driver’s physical coordination, balance, and nystagmus (the involuntary eye movement that occurs when a person is intoxicated). If a driver fails the field sobriety test, law enforcement officers will administer an Intoxilyzer or breathalyzer test. This machine measures a person’s blood alcohol level by evaluating the ethanol content in their breath, which is roughly equal to their blood alcohol level.
If a driver blows above the legal alcohol limit, they are subject to immediate penalties. This includes losing their driver’s license for a period of time. The more their blood alcohol content exceeds the legal limit, the greater the penalties they face. A driver with a blood alcohol content (BAC) between 0.08% and 0.14% faces misdemeanor DUI charges, which carry up to a year in jail and up to $1,000 in fines. However, DUIs with a BAC at 0.15% or higher are charged as felonies. This means the drunk driver is subject to a one-year prison sentence and a monetary fine of up to $5,000.
A breathalyzer test is not the only way that law enforcement officers identify whether a driver is under the influence of alcohol. When officers pull a suspect over, they will be on the lookout for symptoms of intoxication. These warning signs include:
In addition to field sobriety tests, police might also order a blood test. Unlike breathalyzers, which focus solely on a person’s blood alcohol content, a blood test also measures the presence of other substances, such as drugs and controlled substances. Although blood tests do give a more accurate reading of a person’s level of intoxication, these are typically used when other tests imply a suspect is under the influence or when a suspect is having a medical emergency.
The Consequences of Exceeding the Legal Limit
A DUI conviction in Georgia can have serious legal and personal ramifications. The law currently limits the blood alcohol content level to 0.08. It is the job of police and other law enforcement professionals to detect when a person has had too much to drink, and to issue an arrest and a ticket when someone is over the limit. Those charged then have the right to respond and fight their charges, or to accept the penalties that go along with the ticket and resultant conviction. The legal penalties associated with a conviction for DUI in Georgia can vary significantly, depending on the number of previous violations and the severity of the charges. Having two or more previous convictions for DUI over a period of 10 years can result in stiff fines and potential jail time, and if the defendant has been involved in serious accidents that resulted in injuries to themselves or others, the penalties may be even stiffer. In the most severe cases, a felony DUI charge can result in up to five years in jail and a maximum fine of $5,000. Those who have previous convictions for DUI are more likely to receive harsher sentences than those who do not. The long term impact of a DUI conviction in Georgia can be more serious even than the temporary physical and financial consequences. When a person is convicted of DUI, the court will create a permanent record of the conviction, which can be accessed by future employers and schools, making it difficult for the defendant in the future. Obtaining a driver’s license or permission to operate vehicles for work purposes can also be affected, and insurance rates can be dramatically affected because of a DUI conviction.
Exceptions to the Legal Limits for Different Drivers
The state of Georgia goes a step further in specifying unique blood alcohol limitations for certain classes of drivers. In general, each class has a standard ‘per se’ limit, for example, .08 percent. That means that if an individual is tested and that person’s BAC is .08 or higher, then one can presume that he or she was under the influence of alcohol at the time of the offense. While serious penalties are associated with driving while above this legal limit, some classes of individuals receive a lower legal limit under their specific statutes. For example, CDL drivers, are held to a .04 percent limit. Although many commercial drivers struggle with understanding the legal limit of .04, it is easy to remember that professional drivers are held to a standard that is half of the general limit. Thus, even two drinks consumed over the course of a typical dinner will put that driver over the limit. It is important for any individual with a commercial driver’s license to understand the limits that apply to them—especially if they are subject to random testing by their employer . The consequences for even a single drink can spell disaster for career employment prospects. There is yet another group that is subject to a BAC level of .04 percent; that group is the underage drivers of the state of Georgia. The legal drinking age is 21 in the state of Georgia, in accordance with the federal minimum drinking age law. Because underage youth and young adults are not legally allowed to consume alcohol, a .04 BAC limit makes sense in that it serves to catch offenders who are underage and drinking. It is an additional deterrent to both underage drinking and drinking and driving, as it reduces the pressure that some adolescents feel to ‘keep up’ with older friends. A single alcoholic beverage will put them over-the-limit, and they are aware that the police may be on the lookout for others in their age group drinking and driving. It is vitally important for the young adults of Georgia to understand how this law is applied to them; although they cannot legally drink, a low BAC can still bring them face to face with the law.
Top DUI Prevention Tips and Resources
Georgia residents have several options to help them avoid the risks of driving under the influence. For many, doing a quick search for local bus routes or taxi numbers can help provide a responsible alternative to driving yourself after a night out. In addition to these, there are also companies that grant memberships starting at $49.99 for club-based car and driver transportation services. These companies offer you a designated driver, who will drive your vehicle on the requested date, for as low as $10 per mile.
Colleges and universities in Georgia also have systems in place to assist their students in avoiding a DUI arrest. Valdosta State University, for example, provides students with $5 rides to and from parties, bars , and other locations for days all week.
In addition to these community-oriented options, state law also requires that all drivers seeking a license in Georgia be given a pamphlet on the risks associated with DUI. The pamphlet is available to download online and contains information about state legal limits, the consequences for exceeding those limits, and tips to avoid driving under the influence. The pamphlet is available in both English and Spanish.
Additional information and resources can be provided directly by a Georgia-based DUI attorney. If you need help defending against a DUI charge, or would like more information about state alcohol limits or other related topics, consider speaking to an experienced lawyer.
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