person drinking while driving

While most people know that driving after consuming alcohol is dangerous, many operate under the assumption that as long as they are below the legal limit, they are okay to drive. However, this is not always true. Additionally, being below the legal limit does not mean you are automatically free from being charged with a DWI. If you are facing a DUI, the following blog explores what you should know about these complicated issues and why connecting with a Cobb County DUI lawyer is in your best interest if you’re in legal trouble.

What Is the Legal Limit?

The legal limit is how much alcohol a driver can have in their bloodstream before they automatically receive a DUI. For the large majority of drivers, this is a Blood Alcohol Concentration (BAC) of 0.08%. This is the standard established as alcohol impacts people differently based on their weight, gender, and metabolism. For example, a woman who weighs less than 120 pounds will reach a 0.08% BAC in fewer drinks than a 200-pound man.

However, those with a Commercial Driver’s License (CDL) have a lower legal limit at 0.04%, while drivers under 21 have a legal limit of 0.02%, as Georgia is a Zero Tolerance Policy state.

If I’m Below 0.08%, Can I Get a DUI?

If you are pulled over while driving and the officer believes you are under the influence, they will likely have you perform a breathalyzer test. This measures your Blood Alcohol Concentration by measuring the ethanol on your breath using a device that converts the breath sample provided into a measurable BAC.

As such, if you provide a breath sample that reads below 0.08%, you may be relieved that you aren’t going to get a DUI. However, this is not always true. It is possible to be charged with a DUI if you are below the legal limit.

The legal limit is in place for automatic charges against those who are at or over it, regardless of their levels of intoxication. On the other hand, you’ll find that if you are below this limit but show visible signs of intoxication, such as slurred speech, delayed reactions, and loss of coordination. Despite the fact that you are under the legal limit, you can still be intoxicated, making it unsafe for you to operate a vehicle.

As you can see, there are many factors at play if you’ve been charged with a DUI in Georgia, even if you are under the legal limit. That is why connecting with an experienced attorney is in your best interest, as they can help you examine your legal options to determine the best course of action. At the Miller Law Practice, our dedicated firm will explore all possible opportunities to assist you in fighting for the best possible outcome. When you need help, our team is here. Contact us today to learn how we can fight for you.