O.C.G.A. 40-6-391(a)(5) which provides in relevant part that a person shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol. This is known as the “DUI-Per Se” statute, and it is one of the ways that a driver can be convicted of DUI in Georgia. It essentially creates a conclusive presumption that anyone above .08 must be impaired.
Therefore, the state only needs to prove:
- (1) person’s blood alcohol content was 0.08 or higher,
- (2) person was in actual physical control of a motor vehicle within three hours before the test, and
- (3) person’s blood alcohol content was elevated as a result of alcohol consumed prior to driving.
Material presented on the Barker Law Group, P.C. website is intended for information purposes only. It is not intended to be professional advice and should not be construed as such. Any unauthorized use of material contained herein is at the user’s own risk. We invite you to contact us by phone, mail, and/or email, but contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.