The Difference Between Impaired Driving and Exceeding Legal Blood Alcohol Levels in Georgia DUI Cases
In the realm of DUI (Driving Under the Influence) laws in Georgia, one essential concept to grasp is the distinction between impaired driving and driving with an unlawful alcohol level.
This distinction can significantly impact how DUI cases are approached, prosecuted, and defended. In this article, we will delve into this critical aspect of Georgia’s DUI laws to provide you with a better understanding.
Impaired Driving: Recognizing Signs of Intoxication
Impaired driving, in a DUI context, typically involves a driver operating a motor vehicle while under the influence of alcohol or drugs. Law enforcement officers are trained to recognize signs of impairment, which may include:
- Erratic driving behavior: Swerving, weaving, or failing to maintain a lane.
- Slurred speech: Difficulty speaking clearly or coherently.
- Bloodshot or glassy eyes: An officer may observe red, bloodshot, or glassy eyes.
- Odor of alcohol or drugs: Detecting the scent of alcohol, marijuana, or other substances.
- Poor performance on field sobriety tests: Failing tests such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus.
When an officer suspects a driver of being impaired based on these observations, they may proceed to conduct DUI field sobriety tests, such as breath or blood tests, to measure the driver’s blood alcohol concentration (BAC) or the presence of controlled substances.
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Driving with an Unlawful Alcohol Level: A Strict Legal Threshold
On the other hand, driving with an unlawful alcohol level in Georgia is a separate offense that is not solely based on observed impairment. This charge hinges on the results of BAC tests, such as breath or blood tests. In Georgia, the legal BAC threshold for this offense starts at .08g%. This means that if your BAC test result is .08g% or higher, you can be charged with driving with an unlawful alcohol level, even if you did not exhibit any obvious signs of impairment at the time of your arrest.
It’s important to note that this offense does not require the prosecution to prove that you were impaired while driving. The focus is strictly on your BAC levels as determined by the test results. Consequently, it is possible to be charged with this offense even if you believe you were driving safely and without any noticeable impairment.
The Implications of the Distinction
Understanding the difference between impaired driving and driving with an unlawful alcohol level is crucial when facing DUI charges in Georgia. Depending on the circumstances of your case, this distinction can significantly impact your defense strategy and potential outcomes.
If you are charged with impaired driving, your attorney may focus on challenging the evidence of impairment and the legality of the traffic stop and arrest. In contrast, if you are charged with driving with an unlawful alcohol level, the defense strategy may revolve around disputing the validity of the BAC test results, the calibration of the testing equipment, or potential procedural errors in the testing process.
In either case, it is essential to seek professional legal counsel when facing DUI charges in Georgia. An experienced attorney can analyze the specific details of your case, tailor a defense strategy to your situation, and work to protect your rights and minimize the potential consequences.
In conclusion, understanding the distinction between impaired driving and driving with an unlawful alcohol level is fundamental in navigating Georgia’s DUI laws. Each type of charge has its own legal elements and implications, making it essential to consult with a skilled DUI attorney to ensure you receive the best possible defense based on the circumstances of your case.
For a free consultation, contact us at:
Roland R. Castellanos
Castellanos Law Group, LLC
166 Anderson Street | Suite 103
Marietta, GA 30060
Phone: (770) 841-4180
Fax: (770) 427-2855
rcastellanos1975@gmail.com
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