What is the difference between DUI and DUI Per se in Georgia?

| Apr 26, 2021 | Criminal Defense |

As more bars and restaurants open up in Georgia, people will be increasingly flocking to these destinations, some for the first time in months. While drinking with friends and family can be enjoyable, if you imbibe too much of a good thing, you may find yourself being accused by police of drunk driving if you drive yourself home. Georgia law identifies several DUI laws including DUI and DUI Per se.

DUI Per se in Georgia

DUI Per se is what we normally think of when we think of being charged with drunk driving in Georgia. Under Georgia law, if a motorist’s blood alcohol concentration is 0.08% or greater, the motorist can be charged with DUI with no further evidence of impairment needed. This makes sense as, according to the Centers for Disease Control and Prevention, those who have a BAC of 0.08% may experience impaired concentration, short-term memory loss, difficulty controlling their speed, a decline in their ability to process information and impaired perception. However, a person need not have a BAC of 0.08% to be charged with DUI in Georgia.

DUI in Georgia

Under Georgia law, even if a motorist’s BAC is less than 0.08%, the motorist can still be charged with DUI if police determine that they are under the influence of alcohol to the point that they can no longer safely drive. Generally, these decisions will be based on police observation and field sobriety tests. While these laws are harsh, they are not without reason. Even a motorist whose BAC is around 0.05% can experience a reduction in their coordination and ability to track moving objects. Steering may become more difficult, and they may have a reduction in their ability to respond to emergency driving situations.

Learn more about drunk driving in Georgia

If you are arrested for drunk driving, you will want to take immediate action to protect your rights. This post is for educational purposes only and does not contain legal advice. Those who want to learn more about drunk driving in Georgia may find our firm’s website to be a useful resource.