Breathalyzer DUI Blood Alchohol Test

In the State of Georgia, a driver aged  21 and over can be charged with Driving Under the Influence (DUI) Per Se, in violation of O.C.G.A. 40-6-391, if there is probable cause to believe he or she drove or was driving or in actual physical control of a moving vehicle, with an alcohol concentration of 0.08 grams or more at ANY time within three (3) hours after driving from alcohol consumed before such driving ended.

A driver may also be charged with Driving Under the Influence Per Se, in violation of O.C.G.A. 40-6-391, if he or she drives or is in physical control of a moving vehicle while there is any amount of marijuana or a controlled substance in the driver’s blood and/or urine.   This is regardless of whether or not alcohol is present in the driver’s blood or breath.

Unlike the charge of Driving Under the Influence (DUI) “Less Safe” in Georgia, which only requires that one drive or be in physical control of a moving vehicle while under the influence of alcohol or drugs, to the extent that it was “less safe” for that person to drive — a charge based largely on the opinion of the arresting officer – the charge of Driving Under the Influence Per Se is rooted in the scientific results of a Breathalyzer test, and/or the results of a blood or urine test that indicate the presence of alcohol or other controlled substances.

Georgia’s DUI Laws are different and understandably more stringent for drivers of commercial vehicles and drivers under the age of 21.  Those differences are discussed here and here.

If you have been charged with a DUI in Georgia, contact Horlick Law Firm immediately for a free case evaluation and consultation.