DUI as defined by Georgia Law

Alcohol Presumptions

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)

Frequently Asked Questions

What happens to your driver's license if you refuse to take a chemical test (breath or blood)?

Your driver's license will be taken away.

If I'm physically fit, will my blood alcohol content (BAC) be lower?

No, your BAC can be affected by your weight, how much your drink and how much time passes between drinks.

Will drinking coffee, exercising, or taking a cold shower reduce my BAC?

No, you must wait for your body to metabolize the alcohol. That takes time.