What is the Legal BAC Limit in Georgia?

If you intend to have a few drinks before getting behind the wheel, you may need to understand the legal BAC limit in Georgia first. Most drivers pay little attention to their alcohol limit while driving.

However, in Georgia, drivers are prohibited from operating a motor vehicle when their BAC (blood alcohol concentration) levels are 0.08% or higher. This means that operating a vehicle In Georgia with an alcohol limit of more than 0.08% is illegal and can result in legal consequences for driving under the influence (DUI).

When Can The Police Ask For a Breathalyzer?

Under Georgia law, law enforcement officers can ask for a breathalyzer if they have reasonable suspicion that you are driving under the influence of alcohol. This can occur from observing sporadic driving behavior, slurred speech, a strong smell of alcohol, or other signs of impairment.

As a Georgia driver, once you obtain your driver's license and get behind the wheel, you implicitly consent to submit to a breathalyzer test if an officer has reasonable suspicion. Additionally, if you are accused or arrested on suspicion of driving under the influence, you will be subjected to a breathalyzer test.

Can You Deny A Breathalyzer Test?

If you are stopped over and accused of drinking and driving, you can refuse to take a breathalyzer test. However, doing so can have legal consequences, including immediate administrative penalties, such as suspension of your driver's license, fines, and other consequences.

Common Defense Strategies for DUI Charges in Georgia

If you have been arrested on suspicion of driving under the influence, you should find a defense attorney specializing in DUI cases to get personalized legal advice. Your attorney can challenge your case through the following defense strategies:

• Challenge the validity of the traffic stop: A DUI defense attorney may claim that the police officer lacked reasonable suspicion to make the traffic stop.
• Question the accuracy of the breathalyzer test: An attorney may also challenge the accuracy of the breathalyzer test by questioning the calibration of the device, the validity of the test administration, and the operator's qualifications.
• Challenge blood and urine tests: If these tests were performed, your attorney could question the samples' handling and the testing procedures' accuracy.
• Necessity or emergency defense: Your attorney may claim you had no option but to drive under the influence due to an emergency.

An attorney may also review the entire process of your arrest to spot any procedural errors made by the police, which could result in suppression of the evidence.

Contact Attorney Ryan Swingle Today

If you are facing DUI charges in Georgia, an Athens DUI defense attorney can help you fight for your rights and represent you in court. Ryan Swingle, the lead DUI defense attorney at Ryan Swingle Law, is ready to help you craft a solid defense for your case. 

Call (706) 713-0332 or fill out our contact form to schedule a consultation and discover how we can help with your case.