What Are The Legal Limits Regarding Alcohol In Georgia?

What is the blood alcohol concentration for Georgia? Can the state of Georgia attempt to convict a driver who may be drinking, but does not have a BAC on .08? What are the two ways for you to be convicted for DUI in Georgia?

WHAT ARE THE LEGAL LIMITS REGARDING ALCOHOL IN GEORGIA

That depends upon several factors. Georgia law allows two ways for you to be convicted for Driving Under the Influence of alcohol. These are often referred to as “per se” and “less safe”

• If the state can show you had a blood alcohol concentration (BAC) of .08 grams or more while in control of a vehicle, this is considered DUI per se. This applies if the alcohol content reading is shown to be within three hours of driving. A BAC of .08 is "per se" DUI if you are over the age of 21.
• If you are under the age of 21 the legal limit for your BAC within the three hour window is .02
• The "less safe" provision of Georgia DUI law is found when the state attempts to convict a driver who may have been drinking but does not have a BAC of .08 or higher. The state bears the burden of proving that the alcohol, or other intoxicants, caused you to be a less safe driver.
• If you are a commercial driver in a commercial vehicle the per se limit is .04

About the author Andrew J. Gebhardt Andrew Gebhardt is a member of the Henry County Bar. His practice areas include DUI defense, car accidents, construction litigation, and premise liability. He previously worked for the Rockdale County Georgia Judicial Circuit  Contact the author

Practice areas for this article Criminal Defense DUI Defense

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