Georgia DUI Per Se

It’s no secret that driving under the influence of alcohol continues to be a problem in the United States. In an effort to try to deter the number of drunk driving-related accidents, the federal government decided to place a limit on the amount of alcohol a person can have in his or her system when operating a motor vehicle.

In every state, including Georgia, you can be arrested for driving under the influence if your blood to alcohol ratio (or BAC) is .08% or higher. This is known as DUI “per se.” What’s interesting about DUI “per se” is that it has nothing to do with how intoxicated a person is. It also has nothing to do with your ability to safely operate a vehicle. Rather, it is a blood to alcohol ratio limit put in place by the federal government. After several scientific studies, it was found that the average driver’s ability to safely operate a motor vehicle became affected when a person’s BAC reached .08%.

Having a BAC over .08% is not the only way you can be charged with DUI. If you are found to be operating a motor vehicle in an unsafe manner and you have any amount of alcohol in your system, you can be charged with a “less safe” DUI. Unlike a DUI “per se” charge, a “less safe” DUI depends on your driving ability.

It’s also possible to be charged with DUI “per se” and a “less safe” DUI. One example of this is if a police officer noticed you swerving in and out of your lane and speeding. Upon speaking with you, the officer noticed the smell of alcohol coming from your vehicle and decides to begin a DUI investigation. The officer then asks you to take a breathalyzer test to determine your BAC. As it turns out, your BAC was .08%. In this case, you can be charged with a DUI “per se” and a “less safe” DUI.

If you find yourself in any of these situations, it’s important to contact an experienced DUI defense attorney. They can help you avoid a DUI conviction.

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