A Georgia DUI charge does not focus solely on your blood alcohol level. In fact, there are two ways that a prosecutor can argue for a DUI conviction:
I. Blood alcohol above the legal limit – for drivers over the age of 21, a blood alcohol level of .08 or higher is considered a “per se” DUI violation. This means that a judge or jury can convict you of DUI based on your blood alcohol level only.
For drivers under age 21, a blood alcohol level of .02 or higher will support a DUI conviction
II. Less Safe Driver – if you are over age 21, and have less than .08 blood alcohol in your blood but you are a “less safe” driver, you can be convicted of DUI.
Do not be surprised if the prosecutor argues both theories of DUI. Blood alcohol level numbers can be challenged based on the equipment used, the measuring technique or based on the weight of the driver, but “less safe” prosecutions often turn on the testimony of the arresting officer.
The Georgia DUI law is codified at O.C.G.A. Title 40, Chapter 6, section 391.