Time and time again people ask me questions that relate to the the .08 "legal limit." Most recently, a person called and asked if they should wait for their blood test results before deciding to hire an attorney.
The question itself (an honest question) showed a complete misunderstanding of Georgia DUI Law. The question assumed that if the blood test results showed a result less than .08 then the case would be dismissed.
This is not a correct understanding. The .08 standard refers to the level in which there is a presumption of impairment. People who test below .08 can be charged with DUI Less Safe. In fact, anyone calling me has already been arrested for the DUI and charged with DUI Less Safe, as a result they need representation.
If a person tests between .05 - .08 they can be charged without a presumption of impairment. Person who test below .05 have a presumption that they are no impaired. Any presumption is, or course, rebuttal by other evidence. No one is assumed guilty of anything in the United States.
If you are arrested for anything you need to take it seriously. The charge has happened. If blood work is pending, that does not mean the charge is pending. The charge has already occurred. Any person charged with a crime needs immediate representation. Innocent people can be convicted of a crime. The only way to prevent it is to protect your rights from day one.
Visit the Frequently Asked Questions about Georgia DUI Law for more information.