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DUI Facts: Georgia DUI Laws and Your Accident Claim (Part A)

Georgia DUI laws are enforced to help prevent the types of serious and fatal car accidents that can occur when drivers are impaired by alcohol. Knowing the Georgia drunk driving laws is important if you believe you’ve been injured as a result of the negligence of a drunk driver. Before you go placing blame, you should know the DUI facts and speak with a Georgia personal injury lawyer about your potential claim. 

DUI Facts: Determining Blood Alcohol Levels

When drivers are pulled over and suspected of violating Georgia DUI laws, they must adhere to the implied consent law. This means all drivers must submit to a chemical test of their blood, breath or urine to determine their Blood Alcohol Level (BAC). The driver has a right to refuse these tests, but it carries additional penalties such as an automatic 12-month driver's license suspension.

The results of a BAC test are often the grounds a police officer uses to place a suspected drunk driver under arrest. A driver who causes serious injury or death does not have the right to refuse these tests – evidence that can become critical information for your Georgia personal injury lawyer.

DUI Facts: Illegal Levels of Intoxication

Just as it is with most states, the BAC of a non-commercial driver cannot be greater than .08. This applies to operators of all motorized vehicles who are 21 and older. Younger drivers who are found to have a BAC level of .02 are in violation of Georgia drunk driving laws and alcohol laws.

Drivers of commercial vehicles have slightly more restricted acceptable BAC levels. Georgia DUI laws state that a driver of a commercial vehicle, which includes semi trucks, tractor-trailers and even school buses, cannot register a BAC greater than .04. 

There is also a BAC level known as a “less-safe driver,” which is not a full DUI level of intoxication, but enough to consider the driver too impaired to operate a vehicle. The BAC for a “less-safe driver” is any level less than the minimum limit for Georgia drunk driving laws of .08, in cases when the arresting officer believes a driver is driving while intoxicated.

When the driver involved in your car accident is suspected to be intoxicated, Georgia drunk driving laws become a crucial part of your personal injury claim. Continue reading to learn how your Georgia personal injury lawyer can make use of this information in fighting for your right to fair compensation.

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Shane Smith
Advocate for the Seriously Injured in Georgia