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How Intoxication Levels Can Affect Your Georgia DUI Charge


Most people are aware that ingesting alcohol can impair their judgment, which in turn can make it a lot more dangerous to get behind the wheel. Many, however, are unaware of how blood alcohol content works and how intoxication levels can affect a person’s ability to drive and even affect his or her DUI charges.

What is BAC? 

Blood alcohol content (BAC) is a term used to refer to the percent of alcohol in a person’s bloodstream. A BAC of .10 percent, for instance, means that a person’s blood contains one part alcohol for every 1,000 parts of blood. A person’s BAC will vary depending on a few factors, including:

  • The number of drinks he or she has ingested;
  • The amount of time in which those drinks were ingested;
  • The person’s body weight, sex, and hormone levels; and
  • Whether he or she is taking certain medications.

In Georgia, it is unlawful to drive with a BAC of .08 percent or more, but a person can actually be arrested for driving with a much lower BAC if he or she is deemed “less safe” to drive.

Underage and Commercial Drivers 

Besides the .08 percent limit that applies to most drivers, Georgia motorists could also find themselves facing DUI charges if they fall under specific categories and have a lower BAC level. For instance, those who are under the age of 21 years old can be charged with driving under the influence if they have a BAC of as little as .02 percent, which is far lower than the level for other drivers. Commercial drivers are also subject to different rules, as they can be accused of driving under the influence if their BAC test is .04 percent or higher.

Aggravated DUI Charges 

In Georgia, drivers whose intoxication levels are higher than the .08 percent limit can sometimes expect to face heightened punishments if convicted. Those with BAC levels higher than .15 percent, for instance, may face aggravated DUI charges, which can result in enhanced penalties, like more jail time and higher fines, even for a first time offense.

Call Today for Help with Your DUI Case 

A driver’s level of intoxication and initial BAC test could have a significant impact on the types of charges that a person faces and if convicted, the kinds of penalties incurred. If you were recently arrested for driving under the influence and you have questions about how the results of your breathalyzer test will affect your case, please call experienced Cobb County DUI lawyer Andrew L. Schwartz, P.C. for advice. It’s important to remember that a high BAC level doesn’t mean that a driver is automatically guilty of driving under the influence, but is just one piece of evidence used by prosecutors. Such results, however, have their share of problems, like inaccuracy and mis-calibration. If there are any such issues with your own test results we can identify them and use them to help get your charges reduced or even dismissed. Call us at 678-853-2500 to get started on your case.




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