Results-Oriented Representation Since 2007
Criminal Defense
Criminal Defense
Traffic tickets
Traffic Violations
Personal injury

Personal Injury

Does intoxication level impact DUI arrest in Georgia?

On Behalf of | Feb 28, 2024 | Drunk Driving |

In general, too much of anything can be dangerous. While it is not wrong to have a drink or two after a tiring day, getting behind the wheel of a motor vehicle while intoxicated could pose threats to you and the people around you. Certain levels of alcohol intake can impair your judgment, which could cause accidents. But how much alcohol is considered too much? 

What is BAC? 

Blood alcohol content level, or BAC, rises as you consume alcohol. Alcohol tolerance does not affect BAC, but your gender, weight and the length of time when you stopped drinking alcohol does. The way BAC increases or decreases could be different for everyone. 

In Georgia, it is illegal to operate a car or any motor vehicle if your blood alcohol level reaches 0.08%. If you are younger than 21 years old or if you are a commercial driver, this limit could go lower to 0.02%. Reaching the legal BAC limit assumes that you are too intoxicated to drive. 

How does BAC affect arrest and penalties? 

When you have been subjected to a breath test and reached the legal BAC limit, the following scenarios could happen: 

  • DUI charges: Under Georgia law, reaching the 0.08% BAC is enough evidence for intoxication. You may also receive enhanced penalties if your BAC exceeds a certain level. 
  • Jail time: Depending on the number of your DUI offenses, you can serve a day or up to a year in jail. 
  • Fines: The court may fine you $300 to $5,000 depending on the number of your offenses.  
  • License suspension: Depending on the number of your offenses, your license may be suspended from 1 year to 5 years. There might also be additional fees to reinstate your license. 
  • Other penalties: Aside from the items mentioned above, the court could also require you to do community service, undergo clinical evaluation or complete a substance treatment abuse program.  

A high blood alcohol content level does not automatically convict you of drunk driving charges. A breath test is just one of law enforcement’s ways of obtaining evidence. However, it has its share of complications, like inaccuracy, miscalibration and improper handling. An experienced DUI lawyer can help provide strong defenses for your situation.