DUI Over 21 Drivers
In Georgia, you can be charged with one of two (or both) catagories of DUI, depending on whether you gave a sample of breath, blood or urine in a state administered test, or if you failed to give a sample in the state administered test.
(1) “Per Se” Violation:
If a person’s alcohol concentration is 0.08 grams or more at any time of being in actual physical control of a motor vehicle, that individual is presumed to be under the influence of alcohol in violation of Georgia DUI Law.
(2) “Less Safe Driver” Violation:
In instances where a person’s alcohol concentration is less than 0.08 grams, a person can still be deemed to be under the influence of alcohol to the extent that it is less safe for the person to drive. I such an instance, circumstantial evidence, such as erratic driving, slurred speech, bloodshot and/or watery eyes, unbalanced coordination, hazardous driving, and failed field sobriety tests can be used to prove that an individual was “under the influence” or “impaired.”
It should be noted that even if a person is given a state administered test, and their blood-alcohol concentration is less than 0.08 grams, you still can be charged with driving under the influence of alcohol to the extent of being a less safe driver.
Drugs and Other Substances
A person may be convicted of DUI if that person is:
(A) under the influence of any drug to the extent that it is less safe for the person to drive; or
(B) under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to driv
Please take note that even if the person charged with DUI is or has been legally entitled to use a drug shall not constitute a defense against the charge; provided, however, that such person shall not be in violation unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.