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Can a person drive after consuming alcohol in Georgia?

Posted by Richard Lawson | Jul 17, 2017 | 0 Comments

The question as to whether a person can drive after consuming alcohol in Georgia has nothing to do with tolerance for people who drive while under the influence. The issue is when a person is considered to be under the influence of alcohol or drugs.  Georgia does not bar all driving after consuming alcohol.

A person is under the influence when he or she is less safe to drive due to the consumption of alcohol or drugs.

A driver over the age of 21 is under the influence of alcohol when his or her blood alcohol level is .08 grams or more, within three hours of driving (from alcohol consumed before driving).

Accordingly, “a complete ban on drinking and driving afterwards” does not exist for drivers that are of legal drinking age.  Of course, a person cannot have an open container in the vehicle.

A driver under the age of 21 is under the influence of alcohol when his or her blood alcohol level is .02 grams or more, within three hours of driving (from alcohol consumed before driving).

Interesting, the closest thing we have to a ban on all drinking and driving is with drivers under the age of 21. The .02 “limit,” for all practical purposes, means a person under the legal drinking age cannot consume alcohol before driving. It takes only a minuscule amount of alcoholic beverage to reach .02.

Additionally, the margin of error in the Intoxilyzer 9000 is .02. As a result, a person can register .02 while not having consumed anything with alcohol in it. The law takes into consideration that a person under the age of 21 is not legally allowed to drink alcohol.

When the Georgia State Patrol promotes their “zero tolerance” or “100 days of thunder” campaigns, they are advertising increased enforcement and patrols. That being said, during the summer months, we all should be aware of increased DUI enforcement in Georgia and drive carefully.

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Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.


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