Legal Limit for DUI in GA? 3 Different BAC Levels Apply
The current legal blood alcohol limit in Georgia is 0.08 grams % for adult drivers (persons ages 21 and over) who are NOT operating a commercial motor vehicle (CMV). Those under age 21 are held to what is called a zero tolerance level, which is o.02 grams % due to the Georgia breathalyzer's inability to give two exact duplicate test results in most breath alcohol test cases.
The Blood Alcohol Level legal limit for CDL Drivers in a Big Rig Truck. A CMV operator is held to a stricter Georgia BAC limit of only 0.04 grams percent.
The Blood Alcohol Level legal limit for CDL Drivers in a Big Rig Truck. A CMV operator is held to a stricter Georgia BAC limit of only 0.04 grams percent.
Various subsections of OCGA 40 6 391 control the rules applicable to legal alcohol driving limit guidelines. For example, Georgia's Legislature created a 3-hour window after the driving ended for which a legal blood alcohol level can be collected, and then used to convict under OCGA 40-6-391(a)(5).
Georgia zero-tolerance policy
Additionally, drivers under age 21 are relegated to a “zero- tolerance law” in Georgia that considers the underage driver to be over the legal limit at 0.02 gr. %. This "number" can be collected by a legal breathalyzer limit obtained on an Intoxilyzer 9000 alcohol breath test, or by forensic analysis of a blood extraction.
Georgia blood alcohol limit
The current legal blood alcohol limit in Georgia is .08% for adult drivers (persons ages 21 and over). However, this only applies to adult drivers NOT operating a commercial motor vehicle (CMV).
A CMV operator is held to a stricter standard of only 0.04 grams percent. Various subsections of OCGA 40 6 391 control these legal limit guidelines.
What is the Georgia legal alcohol limit for drivers under age 21?
Additionally, drivers under age 21 are relegated to a zero-tolerance law that considers the underage driver to be over the legal limit at 0.02 grams percent.
Most states (including for DUI in Georgia) use this underage DUI BAC “number,” since breath alcohol devices are known to have this much variability in yielding breath alcohol results. A smaller number of jurisdictions use 0.01 grams percent and about ten states use 0.00 grams percent.
Finding my legal limit in Georgia
Many people often ask how many drinks they can have before being over the legal limit in Georgia. Unfortunately, there is no one-size-fits-all answer.
Everyone is different, and there are multiple factors that come into play when determining an individual's BAC and your body’s response to alcohol.
By Kohn & Yager, LLC, Georgia
Law Firm Website: https://www.georgiacriminaldefense.com
Call (404) 567-5515
Law Firm Website: https://www.georgiacriminaldefense.com
Call (404) 567-5515
ABOUT THE AUTHOR: Cory Yager, DUI lawyer GA, is an ex-cop turned Georgia criminal lawyer near me. The GA Super Lawyer has over 15 years of criminal litigation experience, in misdemeanor DUI or DUI felony crimes.
Criminal defense lawyer Cory E. Yager is a Georgia Super Lawyer and top-rated Martindale lawyer. The criminal law advocate has over 15 years of criminal law experience defending felony or misdemeanor cases, after being a law enforcement officer for almost a full decade, making over 1000 arrests. The Atlanta criminal lawyer stays abreast of all new legal developments in GA criminal laws, including driving under the influence.
The John Marshall-Atlanta law graduated with the 2nd highest GPA in law school. In 2023, Lance Patrick, and ex-assistant DA, joined our law team, bringing our Firm’s total years of experience to over 93 years.
The Georgia Super Lawyer has been named to the Best Lawyers in America several years in a row. Starting in 2023, he & criminal attorney Lawrence Kohn are Mr. Head’s co-authors of The Georgia DUI Trial Practice Manual. The NY native is also the co-author of a 2016 national book (Aspatore) article about preparing witnesses to testify in DUI trials.
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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.
