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Q
I was injured by a driver who had been drinking. The drivers BAC was 0.07. Does the driver's BAC have to be at least 0.08 in order for them to be liable for my injuries from an alcohol-related accident in Atlanta?

A

No, you may have a Georgia accident claim even if the driver’s blood alcohol content (BAC) was lower than 0.08. In Georgia, driving with a BAC greater than 0.08 is illegal for any driver. However, there are special cases where it is illegal to drive with a BAC lower than 0.08. For example, it is illegal for truck drivers to have a BAC greater than .04 while driving in Georgia. Additionally, it is illegal for drivers under age 21 to have a BAC greater than .02. Regardless of the legal limit, GA DUI – or, driving under the influence in Georgia – can refer to anyone who is driving in a less-safe manner due to the consumption of alcohol or the use of drugs.
However, even if it cannot be proven that alcohol caused the other driver’s negligence, any driver who drives recklessly can be held liable if he causes a Georgia traffic accident. This is true regardless of whether the reckless act is speeding, drinking or texting. The best way to find out if you have a Georgia injury claim is to contact an Atlanta DUI injury attorney.
Would you like more information about Georgia drunk driving accidents? Request a free copy of Atlanta DUI injury attorney Shane Smith’s book, I Was Hit By A Drunk Driver: What Do I Do Next? If you have additional questions or would like to discuss a Georgia impaired driving injury claim, contact the Law Offices of Shane Smith at 866-979-1629.The initial consultation is free.

Shane Smith
Advocate for the Seriously Injured in Georgia