Police officers may arrest people for drunk driving because they struggle to control their vehicles or cause crashes. Drunk driving charges are also possible in scenarios where motorists fail chemical tests. The state does not need to prove that a driver had diminished capabilities to prosecute them for impaired driving. The law also allows for prosecution in scenarios where drivers failed chemical tests. A per se drunk driving charge could follow a failed chemical test.
Depending on the situation, there are three different blood alcohol concentration (BAC) limits that could apply to a driver. What are the different limits, and who is subject to them?
1. Minors have the strictest limit
Georgia has a zero-tolerance rule in place for underage drivers. Those who are not yet old enough to legally consume alcohol should not get behind the wheel after drinking. A BAC test result as low as 0.02% can be enough to justify criminal charges against a motorist who is 20 or younger. One or two drinks could be sufficient to put the motorist at risk of prosecution, and they may not display any signs of intoxication despite being at risk of a driving under the influence (DUI) charge.
2. Commercial limits are also strict
It is far more difficult to operate a large commercial vehicle than a smaller passenger vehicle. Professionals driving semi-trucks or buses have to secure a special commercial driver’s license. They also need to comply with stricter rules on the road. A lower BAC limit is one of those rules. Anyone operating a commercial vehicle is at risk of prosecution once their BAC reaches 0.04%. As is the case with underage motorists, an adult with a BAC of 0.04% may not notice any obvious effects of alcohol.
3. Adults are subject to the highest limit
An adult driver who can legally drink receives the most grace from the state. They are only at risk of prosecution once their BAC reaches 0.08%. Most people notice signs of intoxication at that level. However, it is difficult for those who are under the influence of alcohol to recognize their own impairment. People may not know that they are at risk of a DUI charge until an officer pulls them over and asks them to submit to a chemical test.
Understanding the laws that govern different circumstances can help motorists protect themselves. Drivers accused of a BAC violation may need a different DUI defense strategy than those accused of poor driving, but a defense is generally still possible.