DUI Under Legal Limit .08 Georgia

There’s no denying it: drinking and driving is not only dangerous, but it’s also a serious criminal offense. Although most Georgia drivers are well-aware of the consequences of driving under the influence (DUI), countless individuals are charged with the offense each year. What’s more, while a large number of the drivers who are arrested have an illegal amount of alcohol in their system, many others do not. In other words, it is possible for you to be arrested for DUI even if your blood alcohol content (BAC) is under the legal limit of 0.08% in Georgia.

If you're wondering how this is possible, you're definitely not alone. While law enforcement and public safety officials constantly remind drivers that it is against the law to operate a vehicle with a BAC of 0.08% or higher, they give few warnings about the many other ways a person can be charged with drunk driving in Georgia.

For example, state law gives underage drivers, as well as those who operate commercial vehicles, less leniency when it comes to BAC. If you are under 21, you must abide by Georgia’s Zero Tolerance Law, which imposes a 0.02% alcohol limit on drivers who have not reached the legal drinking age. Likewise, if you hold a commercial driver’s license, you are only allowed a 0.04% BAC.

But what if you don't fall in either of the two categories mentioned above? Then can you be charged with DUI if your BAC is under the 0.08 limit? Absolutely. In fact, if you show signs of impairment, you can be charged with “less safe” DUI regardless of your BAC.

In order for a less safe DUI charge to hold up in court, the officer who arrested you must prove you were impaired to such an extent that you posed a risk to the safety of other motorists. As a result, most of the drivers who are convicted of less safe DUI were initially stopped for driving erratically, swerving, and other dangerous behaviors.

If you were recently arrested for DUI with a BAC below 0.08%, you absolutely must fight the charges against you. Although there may be evidence proving the amount of alcohol in your system was well-below the legal limit, you face the same penalties as a driver whose BAC was above the legal limit, including license suspension, fines, probation, and jail time—and an attorney can improve your chances of avoiding many of these consequences.

After years of experience in DUI defense, the Law Offices of Head, Thomas, Webb, and Willis know the ins and outs of Georgia DUI law. During our time in practice, we’ve helped thousands of drivers challenge their DUI arrest, and we can help you as well.

From getting your charges reduced to a lesser offense to convincing the judge to dismiss your case entirely, our mission is to make sure you achieve the best possible outcome in court and your arrest has minimal impact on your future.

To learn more about how we can help you, contact Head, Thomas, Webb, and Willis today for a free, no-obligation consultation with one of the most successful DUI defense firms in the state.

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