Logo Main2

Understanding DUI Per Se Laws: Insights From The Waltman Firm

Learn about DUI Per Se laws, how they impact you, and how The Waltman Firm can help you navigate such charges.

Contact Holly


about us section

What Is DUI Per Se?

A DUI per se charge means you can be arrested if your BAC is at or above the legal limit, regardless of whether you appear intoxicated. In Georgia, the prohibited amount is 0.08% (or .08) blood alcohol concentration. This restriction is lower for individuals with a commercial driver’s license and drivers under 21.

It is critical to understand that DUI per se laws focus on the measurable amount of alcohol in the driver’s system rather than their actual behavior or impairment. This makes it easier for the prosecution to prove guilt in court. If you are convicted under these laws, the penalties can be severe. You could face fines, license suspension, and even jail time.

Given the severe consequences, it’s essential to seek legal advice if you are charged with a per se DUI offense. The Waltman Firm is equipped to provide you with the legal representation you need.

Georgia’s DUI Per Se Laws

A “per se DUI” means that a driver is automatically considered intoxicated if their blood alcohol content (BAC) meets or exceeds the legal limit. In Georgia, this limit is 0.08% for most drivers. Under OCGA § 40-6-391(a)(5), this limit is 0.08%. For individuals operating a commercial motor vehicle, the limit is lower at 0.04%, and for drivers under 21, the limit is 0.02%.

To be charged under the per se DUI laws, the accused must:

  1. Be operating a motor vehicle.
  2. Have a BAC of 0.08% or higher (or 0.04% if a CMV or 0.02% if an underage driver).

The prosecution does not need to show any further evidence of impairment for a per se DUI conviction. If a blood or urine test shows the statutory BAC level, you can be automatically arrested for a DUI.

Differences from DUI Less Safe

While DUI per se focuses solely on the BAC level, DUI Less Safe charges can be filed even if the BAC is below 0.08%. For a DUI Less Safe charge, evidence of impaired driving must be presented. This could include erratic driving, failing field sobriety tests, or other signs of impairment.

DUI Per Se: Legal BAC Limits and Testing Methods

Blood alcohol concentration (BAC) is a crucial aspect of DUI per se. These laws set a legal limit for different driver categories, making them easy to understand.

To reiterate, in Georgia, the following BAC limits are in place:

  • General Drivers: A BAC limit of 0.08%.
  • Commercial Drivers: A BAC limit of 0.04%.
  • Underage Drivers: A BAC limit of 0.02%.

Testing Methods

Law enforcement implements several methods for testing blood alcohol concentration. Typically, a breath or blood test will be used to confirm the presence of intoxicating substances.

  • Breathalyzer Tests: A breathalyzer is an easy, quick, and non-invasive way to test BAC. It converts breath alcohol to an approximate BAC. While generally accurate, they can be affected by improperly calibrated instruments.
  • Blood Tests: A DUI blood test is generally more accurate than breath tests. This is a chemical test that involves drawing blood to directly measure BAC. Blood tests are generally considered reliable, but delays in testing can make results questionable.
  • Urine Test: Testing alcohol concentration in urine is less common and is generally used if breath and blood tests aren’t available. It can be unreliable due to delays between drinking and testing.

Additionally, law enforcement may execute a field sobriety test. Unlike chemical tests, the standardized field sobriety test uses a battery of physical tests to establish probable cause that a person is drunk driving.

Legal Implications of Refusing a Test

Georgia is an implied consent law state, meaning that all drivers have implicitly consented to chemical testing by operating a vehicle. If an individual refuses a chemical test, their license will be automatically suspended.

Consequences of a DUI Per Se Conviction

A DUI per se conviction can have serious repercussions. It’s not just about the immediate penalties but also the long-term effects on various aspects of life.

If a person is convicted of a DUI first offense or second offense, they will face misdemeanor charges. A third offense is considered an aggravated misdemeanor, and a fourth or subsequent offense is a felony. Penalties increase with each offense.

Legal Penalties

DUI charges can result in a range of penalties. It’s essential to understand the immediate consequences of your DUI case.

  • Fines: Convicted drivers can face heavy fines ranging from hundreds to thousands of dollars.
  • License Suspension: A DUI per se conviction often results in a suspended driver’s license. This can last several months to a year.
  • Jail Time: Depending on the severity and previous offenses, jail or prison time can be a part of the penalty. This can range from a few days to several months for first-time offenders.
  • Mandatory Programs: Offenders might be required to attend alcohol education or rehabilitation programs. These programs aim to prevent future offenses and educate about the dangers of drunk driving. You may also need to complete community service.
  • Ignition Interlock Device: Individuals convicted of a Georgia DUI may be required to have an IID installed in their vehicle.

In addition to immediate consequences, the aftermath of a DUI per se conviction can have numerous long-term repercussions. This backlash can extend into personal and professional areas of life, affecting employment, insurance rates, and relationships.

Defending Against DUI Per Se Charges

Defending against a DUI Per Se charge requires focusing on several key areas. Below are some strategies that may be effective.

Some common defenses include:

  • Challenging urine, blood, and breath test results: Breathalyzers and blood tests can sometimes be flawed. Calibration issues or improper administration can lead to inaccurate readings. Your Marietta DUI lawyer can argue that the BAC result was inaccurate by questioning the test’s reliability.
  • Questioning the legality of the traffic stop: If the officer had no valid reason to pull you over, any evidence gained from the stop could be deemed inadmissible. This includes the BAC test results. Ensuring the stop was lawful is crucial to the defense.
  • Procedural errors by law enforcement: Officers must follow strict protocols when conducting DUI checks. Any deviation from these procedures can be a strong defense point. For example, failing to observe you for the required period before a breath test can invalidate the results.

At The Waltman Firm, we have a comprehensive guide on how to beat a DUI. Our experience helps to build a robust defense strategy tailored to the specifics of your DUI case.

Contact Our Experienced DUI Attorney

A DUI charge can be a challenging and stressful experience. Legal assistance from a seasoned DUI attorney can make a difference in navigating the legal process. The Waltman Firm is here to help you understand your DUI charges, defenses, and plea options, creating a strategy to move forward.

Our law firm in Marietta offers personalized consultation to discuss your case in detail. Our experience with DUI cases means we know how to approach each unique situation.

If you are facing a DUI charge in Georgia, you need a skilled criminal defense attorney. Contact us now to schedule a consultation.