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Meeting the legal definition of DUI in Georgia

On Behalf of | Oct 8, 2021 | Drunk Driving |

Being arrested for intoxicated driving can have devastating legal consequences. Anyone facing such serious charges needs the strongest defense possible.

Drivers in the Peach State should never have to submit to a DUI unless they meet the legal definitions below.

What it means to be driving under the influence in Georgia

In short, you do not have the right to operate a vehicle while intoxicated. Any use of alcohol or drugs puts you at legal risk, including intoxicants such as cocaine. Sniffing toxic vapors that come from glues or aerosols is also unacceptable.

Deciding someone is too intoxicated to operate a motor vehicle is subjective. For this reason, testing is necessary. Drivers are under the influence when their blood alcohol reaches 0.08% or higher. The person must also have been in control of a motorized vehicle while intoxicated.

Like every other state, Georgia has an implied consent law. Suspects must submit to a roadside breath test or face suspension of their license. Officers use these tests to determine a “per se” basis for arresting someone. While in jail, a suspect may submit blood and urine for more reliable results.

What is controversial about roadside drug tests

Roadside breath tests are inexpensive. The downside is they are notorious for delivering inaccurate readings. Many convictions get reversed because a field test gave a false positive. Since they are unreliable, there is a movement underway to end the use of these tests.

The charge of DUI is no minor concern. Still, an arrest for driving under the influence alone does not prove that someone is guilty. Ample proof is necessary, or a conviction may be invalid.