Georgia DUI Per Se

If you were pulled over for driving under the influence and asked to take a breathalyzer test, you may be charged with a Georgia DUI “per se” offense if you test over the legal limit—even if your driving was not impaired. In fact, all the prosecution generally needs to prove that you were under the influence is your breathalyzer reading. Fortunately, an experienced Atlanta DUI attorney can analyze the results of your breathalyzer test to determine if it is accurate. If the test contains errors, your attorney may move to suppress your reading, increasing your chances of a successful resolution.

The legal blood alcohol content (BAC) for drivers 21 and older is .08%, while the limit for commercial drivers and underage drivers is much lower (.04% and .02%, respectively). A breath, blood, or urine test is used to determine your BAC, though the breathalyzer test is the most commonly used because of its convenience.

In addition to the DUI per se, you could be charged with a DUI “less safe” offense. To win a conviction for the DUI less safe charge, the prosecution must only show that you were a less safe driver because of alcohol use, not that you were over the legal limit. Fair or not, prosecutors will often charge drivers with both to see which charge sticks.

Fighting a DUI charge—even if you failed the breathalyzer test—is possible and is often advisable. Atlanta DUI Attorney Greg Willis has completed numerous courses conducted by the manufacturer of the Intoxilyzer 5000 (the breathalyzer used by Georgia) police and understands how the machine works. Because this machine can easily be affected by medical conditions, such as acid reflux and hypoglycemia, dental work, and even mints and gum, he will conduct his own investigation of your test results to find if your reading was caused by something other than intoxication.

If convicted of Georgia DUI per se, you face a mandatory minimum sentence of 24 hours in jail as well as fines, community service, and a driver’s license suspension. As one of Atlanta’s top DUI defense attorneys, Greg Willis can defend you against a per se charge that may not hold up in court.

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