Many taverns and bars have breathalyzer machines, so that people can check their blood alcohol content (“BAC”) before getting behind the wheel. These machines can potentially do more harm than good. The problem with them is that they create a false sense of security that may lead an impaired person to believe he or she is safe to drive.
When you drink alcohol, it does not necessarily enter into the blood stream immediately. Because of this, you could blow a .03 BAC, but then thirty minutes later, when more of the alcohol absorbs into the bloodstream, it could rise to .08. Many people do not realize that your BAC continues to rise even after you have finished drinking. There is no way to know if your BAC is rising, has leveled off, or is declining. A breath-test is a test of alcohol at a point in time only.
Breathalyzer phone applications, while intended to prevent DUIs, also pose problems. People assume that the technology is giving them a precise numerical value, but that is usually not the case. The problem with these smart phone applications is that they calculate a person's B.A.C. based on time passed, number of drinks, gender, height, and weight. However, these are not the only factors that can contribute to a person's BAC.
The limitation of these applications is that they do not account for a person's individual metabolism. Every person's body breaks down alcohol differently, and for this reason, you cannot simply go by a chart or graph when trying to decide if you are safe to drive.
While this technology is not completely useless, you should never take a phone application's BAC results as legal advice. This is especially true for states that have DUI Less Safe laws.
In Georgia, you can be charged with a DUI even if your BAC is less than .08 grams. Georgia's DUI Less Safe statute, O.C.G.A. § 40-6-391(a)(1), states that a person shall not “drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for a person to drive." As a result, if alcohol has made you a less safe driver (than if you had not consumed any alcohol) you can be charged with DUI at any blood alcohol concentration.
If you have been charged with DUI Less Safe, you face the same consequences as with any other DUI charge. That is why it is a mistake to drive after drinking any amount of alcoholic beverages. If you have been charged with DUI in Georgia call our office. Richard Lawson is the top-rated and most reviewed Atlanta DUI Lawyer. He is a former Georgia DUI Prosecutor with nearly 20 years experience defending people accused of DUI in throughout Atlanta, Metro-Atlanta, and North Georgia.
Your case will not defend itself. Call an Atlanta DUI Attorney today!