Is Georgia’s .08 DUI Limit Too High?
Most people associate drunk driving with having a blood-alcohol content (BAC) of 0.08 percent or higher. This is a de facto national standard resulting from a decision by Congress to tie federal highway funds to individual states setting their respective BAC limit for DUI at 0.08. But as a recent article by Jim Vorel for Paste Magazine points out, the decision to set the 0.08 limit “was more of a compromise than anything, rather than a level based on scientific studies or world precedent.” Indeed, Vorel noted that the United States still had one of the highest drunk-driving limits in the world, with most countries setting a maximum BAC of 0.05 percent or lower.
DUI Per Se vs. DUI Less Safe
In focusing on the 0.08 standard, however, Vorel did not provide a complete picture of how DUI laws actually work in most states, including Georgia. It is actually a common misconception that a 0.08-percent BAC is applicable to all drivers. For that matter, you can still be charged, tried, and convicted of DUI in Georgia even if you “pass” a Breathalyzer or other test for BAC level.
First, it is important to understand that there are basically two types of DUI under Georgia law: DUI per se and DUI less safe. DUI per se is what we commonly associate with the 0.08-percent BAC standard. Essentially, a person is guilty of a DUI per se if they are in actual control of a motor vehicle with a BAC that exceeds the legal threshold. No other evidence of the driver’s intoxication or impairment is necessary for conviction.
A DUI less safe charge, in contrast, does not depend on a driver’s BAC levels. DUI less safe only requires proof that the driver was under the influence of alcohol to the extent it is less safe for them to drive. This is a fairly broad and subjective standard. In many DUI less safe cases, the observations of the arresting officer are sufficient to support an arrest or conviction.
Second, even in DUI per se cases, the legal threshold is lower than 0.08-percent for certain drivers. For teenage drivers between the ages of 18 and 21, the legal limit is just 0.02 percent, which effectively means “zero tolerance.” Similarly, drivers operating under a commercial license have a limit of 0.04 percent. A driver also faces enhanced DUI penalties in Georgia if their BAC exceeds 0.15 percent.
Contact Hawkins Spizman Trial Lawyers Today
In short, never assume that just because you are not intoxicated to the point your BAC level is at or above 0.08 percent that you are immune from possible drunk driving charges. A DUI less safe charge carries just as significant legal consequences as DUI per se. If you are facing either charge, or both, you need to speak with a Board Certified Georgia DUI lawyer as soon as possible. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
pastemagazine.com/drink/alcohol/08-drunk-driving-alcohol-limit-us-comparison-other-countries-deaths-utah-05
