Whether as a result of a roadblock or being pulled over on the Georgia interstate, a DUI arrest is overwhelming—particularly for a first-time offender. The legal limit for blood alcohol content (BAC) in Georgia is .08%. If you are under 21 years of age, the legal limit is even lower, at .02%. But even if you are under the legal limit, you can still be arrested for a Georgia DUI.
Alpharetta DUI Lawyer Explains the Two Types of DUI Offenses in Georgia:
1. The “less safe” driver standard: If you are pulled over and charged with being a “less safe” driver, you may be charged with driving under the influence, even though your BAC level may be less than .08%. A police officer will testify that your appearance and mannerisms indicated that you were an impaired driver, especially if you were driving recklessly, if your breath smelled of alcohol, or if your speech was slurred.
2. “Per se” violation: This simply means that your BAC was over the legal limit. In this case, the prosecutor does not have to prove that you were a “less safe” driver. Even if you were not driving recklessly, you can still be convicted because your BAC was over .08%.
Georgia’s zero-tolerance laws have the greatest impact on drivers under the age of 21. Any driver under the age of 21 who has a BAC over .02% will be charged “per se.” The zero-tolerance laws are strict; no matter whether you appear “less safe” or your BAC is over the legal limit, you will be arrested.
Call the Law Office of Scott Miller to speak with an Alpharetta DUI attorney if you have been charged with driving under the influence in northern Georgia. Attorney Miller has experience building cases to get the charges dismissed or minimized, so your record remains clean. Call (770) 408-1001 to schedule your free consultation. Whether you are charged with a “less safe” driver violation or a “per se” violation, Attorney Miller will provide you with a high level of service and will be with you every step of the way.
