In Georgia, police can arrest anyone driving with a blood alcohol content (BAC) of .08 or higher for a DUI. While this situation may seem as though driving with less than a .08 BAC is safe from DUI charges, they may be vulnerable to Georgia’s DUI Less Safe Statute.
What does this statute say?
Just like there are laws regarding driving over a .08 BAC, there are also laws for driving under the same level. State law restricts driving while under the use of drugs or alcohol in the following ways:
- Any BAC level cannot affect the driver in a way that would make it dangerous for them to drive
- Any drugs in the driver’s system cannot endanger their ability to drive
- A driver cannot be under the deliberate influence of toxic vapors, including glue and aerosol, to the degree that would influence their ability to drive
- No combination of the above substances can influence a driver in a way that can endanger themselves or others while driving
- A driver’s BAC cannot be .08 or high within three hours of driving a vehicle
- A driver cannot be under the influence of legal drugs, such as medical marijuana, in a way that limits their driving abilities
It is not enough to drive with less than a .08 BAC. In order to avoid criminal charges for driving while under the influence, you need to be certain that any substances in your system are not impairing your ability to drive.
Protect your license and your record
If you are uncertain about whether you are able to drive, play it safe and avoid driving altogether legally. Call a friend or rideshare for a safe ride to your destination, or find a safe place to stay until you are completely sober.