Can you be charged with DUI if your BAC is below the legal limit?
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Can you be charged with DUI if your BAC is below the legal limit?

| Feb 1, 2021 | DUI charges

Most people in Georgia are already aware that if they drive with a blood-alcohol concentration at or above the legal limit of 0.08%, they can be charged with drunk driving. This is true, but it is important to have a comprehensive understanding of Georgia DUI laws so that you know what is legal — and what is not.

DUI laws in Georgia

As previously mentioned, you can be charged with DUI “Per Se” if your BAC is at or above 0.08% as measured by a breath test or blood test. However, even if your BAC is below the legal limit, you can still be charged with DUI. To convict, the Georgia District Attorney will need to show you drove after having consumed alcohol and that because of this, you could not safely operate your vehicle. Often this is proven through observation and field sobriety tests.

Can a BAC below the legal limit really impair you?

You may be surprised to find out that even if your BAC is below the legal limit, you may still be unable to drive safely. According to the National Highway Traffic Safety Administration, when a person’s BAC is 0.05%, they may experience a reduction in their coordination, a reduction in their ability to track moving object, a reduction in their emergency response time and they may find steering their vehicle is more difficult.

In fact, even having a BAC of 0.02% can affect your driving ability. Motorists with a BAC of 0.02% may experience a decline in their ability to rapidly track moving objects and a decline in their ability to divide their attention between two tasks at once.

Learn more about DUI defense

As this shows, if you drink you must be careful when driving. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on drunk driving in Georgia may be of use to those who want more information on this topic.