DUI as defined by Georgia Law
O.C.G.A. § 40-6-392
- If there was at the time an alcohol concentration of .05 grams or less the presumption is that a person is not under the influence of alcohol, unless the person is under 21.
- If there is at the time an alcohol concentration in excess of .05 but less than .08 grams there is no presumption of impairment but impairment can be proved with other competent evidence.
- If there is a BAC of .08 (over 21), .02 (under 21), .04 (commercial driver in commercial vehicle) the presumption is that a person is impaired.
- It shall be the policy of the DPS that all sworn personnel shall be familiar with all traffic codes dealing with DUI (O.C.G.A. § § 40-6-391, 40-6-392, 40-5-55, 40-5-67.1)