Georgia BAC Legal Levels
Georgia’s legal limits for Blood Alcohol Concentration (BAC) are as follows:
Drivers Over 21
The legal limit of BAC for drivers over the age of 21 is .08%. The "per se" crime of driving under the influence is committed if a person is a "driver" and has a blood or breath "alcohol concentration" of 0.08 grams or more at any time within three hours after the time of the alleged offense. A violation of Georgia’s "per se" rule is proven by the alcohol concentration levels found in the driver’s blood, breath , or urine, regardless of whether the driver’s ability to drive was actually impaired.
Commercial Drivers
The legal limit for drivers of commercial vehicles is lower, at .04%.
Underage Drivers
Minors are subject to a Zero Tolerance law, which prohibits drinking and driving under any circumstances. These drivers should have a BAC of 0.00%. That means absolutely no alcohol consumption of any kind. This is the lowest legal limit in Georgia, and prevents an underage drinker from having even a drop of wine or a sip of champagne.
Penalties for Aggravated BAC
The legal BAC limit in Georgia for individuals over the age of 21 is 0.08%. Commercial motor vehicle drivers (including those operating buses) face a legal limit of 0.04%. Underage individuals, however, are required to abstain from alcohol use while driving at all times, and therefore face a zero-tolerance policy. Additionally, individuals with prior DUI convictions may be penalized more harshly for BAC results above the legal limit. A blood alcohol concentration of 0.08% or higher is considered the legal threshold for a DUI. Falling below the legal limit does not necessarily mean an individual will not be charged with a DUI. An officer may determine whether a driver is under the influence by any other means as well.
Penalties for exceeding the legal limit vary based upon the circumstances: A driver who exceeds the legal limit and is convicted of a DUI is also applying points to his or her record as issued by the Department of Driver Services. Additionally, a DUI conviction becomes a permanent addition to a criminal record in Georgia. It may also lead to a denial of certain private and governmental employment opportunities.
BAC Measurement Methods in Georgia
Law enforcement agencies in Georgia employ multiple methods for measuring blood alcohol content (BAC) from drivers. The two most common are portable breathalyzers and evidentiary blood tests. The method that is used will often depend on the circumstances under which the BAC measurement is being taken. Georgia’s implied consent law allows officers to request that an arrestee submit to a breath (breathalyzer) or blood (phlebotomy) test to determine the driver’s BAC. However, while many Georgia drivers may have seen this law on a sign posted on the side of the road, a violation of Georgia’s implied consent law is a civil violation rather than a criminal one.
Machine-measured BAC is based on two different components that must be considered when determining the accuracy of the measurement. First, the breath test instrument itself must be sufficiently accurate in order to ensure that it is measuring the BAC correctly. Secondly, there are a number of factors that may result in inaccurate readings, many of which are unique to the individual driver. For example, your BAC may not be accurately reflected by a breathalyzer because the officer administering the test did not appropriately calibrate it or the reading was affected by a medical condition or other factor unique to the driver. In Georgia there are several BAC breath machines in common use that each use a different technology to measure BAC. There are three primary methods: infrared spectrometry, electrochemical analysis, and gas chromatography. Each of these methods has different potential weaknesses, which is why the Georgia Bureau of Investigation requires 80% accuracy and reliability on all breath test instruments.
Breath instruments that use infrared spectrometry (the "Grove-McNish" method) relies on the fact that ethanol (the chemical found in all alcoholic beverages) gives off an infrared signal with a distinct wavelength. The amount of light at that particular wavelength is measured in order to reveal the amount of alcohol that was exhaled onto the instrument’s measuring chamber. According to the Georgia Bureau of Investigation ("GBI"), this method is subject to the fewest number of possible errors. According to the GBI, the Grove-McNish method provided approximately 94% or greater accuracy.
The second type of breath alcohol testing instrument is the Intoxilyzer Model 5000. This instrument uses infrared spectrometry in conjunction with another method known as an electrochemical analysis to provide alcohol measurements. Although the GBI claims to still receive the highest accuracy readings from this type of instrument, it is usually considered to be the least reliable.
The third predominant type of instrument in Georgia is the gas chromatograph, which is run by the Georgia Bureau of Investigation in a central laboratory facility. Essentially, the breath sample from the suspect is first analyzed on an Intoxilyzer Model 5000 and then an additional sample is drawn for testing on the gas chromatograph. Results of the test performed on the Intoxilyzer Model 5000 may be sufficient to generate a D.U.I. arrest, but the GBI will not enter blood alcohol results from the gas chromatograph into evidence unless the intoxilyzer reading is higher than .050 grams per breath. As a result, the gas chromatograph is only used in limited circumstances in Georgia.
GBI follows strict guidelines regarding how the instruments should be calibrated and maintained, and requires a minimum of 80% accuracy and reliability in order for the machine to be approved for general use. If calibration does not meet GBI standards, the State will not introduce the data into evidence against you in a Georgia DUI case. But, even if the instrument meets the GBI standards, it does not mean that the evidence collected using this method may be admitted at trial. The State also needs to show that the officer who calibrated the instrument followed GBI regulations, and ultimately that the instrument produced a reliable measurement of your blood alcohol content. There are many factors that affect the reliability of the instrument, including the calibration, maintenance, test procedures, and most importantly the factors unique to the individual driver who was tested.
BAC Violation Defenses
Fighting a claim that a driver has violated the legal blood alcohol concentration (BAC) limit in Georgia involves obvious challenges. However, there are several potentially viable legal defenses available to drivers charged with violating the BAC limits set forth in Georgia law. The defenses invoked most often in these situations include the following:
- BAC Testing Violations: If the testing did not comply with all relevant laws, the results may be inadmissible, meaning they cannot be used as evidence against the accused driver.
- Roadside Tests: Drivers must be given a properly administered series of roadside balance tests to determine impairment . If a police officer fails to comply with all relevant standards when conducting these tests, they cannot be used as evidence.
- Involuntary BAC Testing: If a driver was forced to submit to BAC testing involuntarily, the testing results may be inadmissible as evidence.
It is important for anyone who has been accused of violating Georgia’s BAC limits to immediately seek the representation of an experienced attorney. This individual can help defend drivers against accusations and work to ensure they are treated as fairly as possible throughout the legal process.
BAC Violations and Insurance
Georgia law defines the legal BAC limit for driving as being under 0.08%. When caught with a BAC over this level it is a violation of that law and as such is a crime. Your insurance might be impacted by this, and you might lose your drivers license.
DUI is an offense that drives up your car insurance rates, so when you’re caught with a BAC over 0.08% and you never had a DWI or DUI conviction before, it’s possible you could be facing up to a 115% rate increase – on average.
Such a rate hike for a DUI conviction or otherwise being charged with a DUI is not uncommon.
Insurance companies often cancel primary or secondary coverage completely (note: may vary depending on if it is a first or subsequent offense) when caught with a BAC of 0.08% or more.
High-risk drivers like those with a BAC over the legal limit require SR-22 insurance. SR-22 is a vehicle endorsement (certificate of insurance) that lawful drivers must file to continue driving legally after their license has been revoked.
Having high-risk rates on your insurance might mean increased costs for your family and you. It could even mean losing access to your vehicle.
Preventive Measures and Safety
The best defense against exceeding legal BAC limits is to abide by a few reasonable, preventive measures that will not only enhance your experience, but will also keep you and others safe. First and foremost, any seasoned patron of bars and social events knows that drinking alone will typically lead to untoward results in the form of overindulgence. Drinking outside the company of friends or knowing individuals is the best precursor to drinking within legal limits. The reason for this is because when people are with each other, they look out for one another. It’s a social and protective mechanism that is easily surmounted when one person is out of their element. If the need arises, be sure to take on the role of protector, ensuring your friends, family members, and acquaintances are not putting themselves in compromising positions simply to have a good time. You might save their life! If you do find yourself in a situation where you have been surrounded by strangers or people you do not know well, fall back to the ancient adage: "know thyself." Know your limits, and respect those limits. Better still, abide by the adage: "when in doubt, don’t." This simple yet effective solution works wonders for those who are attuned to their individual limits. Additionally, this adage covers a wide range of situations that are commonly found in social events, including excess contexts in music, food, and even friendship. If you find yourself in an event where everybody else seems to be either under- or overindulging, always err on the side of caution. Now is your time to be the sensible one. Overindulging? Leave while you still can exercise your own power of choice. Underindulging? Don’t feel like you have to appease the group by drinking more, especially if your stomach tells you that there is no room for more. Even though you may feel persuaded to drink more, never drink to please anybody’s impression of yourself, or try to "keep up" with your friends . Doing so could lead to serious consequences, and in some cases—like with acute alcohol poisoning—it could lead to your death. Becoming defensive about stopping when others have not is often a positive sign, and is an indication that you have your priorities straight. In a similar vein, always be on alert for the sportsmanship of your companions. If they try to force you to drink, then you probably do not have the best social environment. People and friends who truly care will not put you in danger, no matter how tempting it is to exert peer pressure. A real friend will respect your choices, even by withholding their own decision-making capacity out of genuine respect. When at bars and other public venues, you are encouraged to use your cellphone, and be ready to have an opportunity to distance yourself from the field of play. Text messages, emails, and even sending documents are all legitimate use of your phone. This means that usage is not necessarily strictly for personal pleasure, and doesn’t have to do only with the reaction you get from those around you. If you notice that you have been overindulging while others have not, call yourself a ride via an app service like Uber or Lyft, or rely on a designated driver or carpool to ensure you get home safely, and your car can wait until the next day. There is no reason not to just leave your vehicle behind, unless the situation strictly necessitates having that vehicle at immediate disposal (e.g., during an emergency situation). Otherwise, take a shuttle bus or taxi home—the world is replete with alternative options, and both your body and the lives of others who could have suffered negative consequences are worth the price of a taxi. Going out should always be about enjoying yourself in a safe manner, and not about drinking your face off to forget about your problems. No good can come of that. Instead of drinking alcohol like there’s no tomorrow, practice moderation, common sense, and good judgment.
Leave a Reply