- “Per Se” Violations
- “Less Safe Driver” Violations
- Under 21 Violations
- Drugs and Other Substances Violations
“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.
“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.”
Under 21 DUI Violation:
A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.02 grams.
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 drive;
The fact that any 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.
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