Common Questions Regarding Georgia DUI Laws:


What is a DUI? 

-      Generally speaking in Georgia a DUI means you have a blood alcohol content (BAC) of .08 or greater for people 21 years old or older and .02 or greater if you are under 21.  Also being under the influence of any illegal drug means you could get a DUI.

-      That being said many people think you can only get in trouble for driving past a certain blood alcohol limit or under the influence of an illegal drug.  This is not the case. 

-      Anyone of any age can be charged with a DUI if they have a detectable amount of alcohol in their system and they show signs of impairment while operating a motor vehicle.

-      You can also get in trouble for driving under the influence of a prescription drug.  Even if you have a valid prescription for a valid medical condition you can still get in trouble.  If you are operating a motor vehicle of any kind, this includes water- craft, and your ability to operate your vehicle safely and in accordance with traffic laws is impaired by any chemical substance you may end up with a DUI.


What do I do if I have been pulled over and you might be impaired?

-      First and foremost deal with reality.  Arguing, fighting, fleeing, or in any other way attempting to force the officer to let you go are almost certain to ensure you spend the night in jail, even if you are sober.

-      Cooperate with Police instructions, such as turn off the enginge, show ID, etc.  This does not mean you should consent to requests from the officer to search your car or conduct field test on you. 

-      On average a 21+ year old man of 150 pounds will reach the legal limit after 3-4 drinks within an hour.  For a woman of 130 pounds its 2-3 drinks within an hour. As you continue to drink it requires fewer drinks per hour to maintain or reach/exceed the legal limit.  **These numbers are for informational purposes only and are not warranted to be accurate for any individual.  Your actual BAC may vary from these numbers in spite of weight and gender and you are responsible for not drinking and driving.  No one at Cayton Legal assumes any liability for providing this or any other information.

-      To help you determine your BAC there are a number of useful devices, apps, and websites, search for BAC calculator and/or breathalyzer and find an option that is right for you.

-      You may have heard that you should always refuse to take a breathalyzer and/or field sobriety tests(FSTs).  If you are above the limit this is always good advice because you will only be giving evidence against yourself.  If however you are sure that you are below the limit you need to understand the consequences of a refusal. 

-      Refusing to take the breath test or FSTs means the following things: you will be taken to jail possibly overnight; your driver’s license will be suspended for a year; you will still face prosecution for DUI.