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Law Offices of Shane Smith
Accepting Personal Injury Cases
In Georgia In North Carolina

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An impaired driver hit me and was arrested, but I found out his BAC was just below .08%. Can I still sue for damages?


Drivers can be cited and arrested for driving under the influence, even if their blood alcohol levels are below the legal limit of 0.08 percent. Many drivers do not realize this, but a police officer can arrest a driver for being impaired, which means levels lower than the legal limit. 

Although a BAC of 0.08 percent or higher counts as a formal DUI in Georgia, an officer of the law can arrest a driver with a BAC lower than the legal limit if it is apparent that the driver is impaired or the officer observed the driver breaking the law.

If the driver who hit you was impaired, even in the slightest degree, with levels even as low as .03% BAC, you can still sue for damages. If that driver was driving recklessly and was impaired at all, that driver can be held responsible for your injuries and damages, even if the driver didn’t receive an official DUI charge.

You may be entitled to compensation for your property damages, medical bills, lost income due to time off of work, instances of pain and suffering, and more. For help establishing your case, how to protect your interests and more about your legal rights to a financial recovery, please call the Law Offices of Shane Smith at 770-HURT-999, where we provide all Georgia DUI victims and their families with a free consultation to answer the important legal questions. 

Shane Smith
Advocate for the Seriously Injured in Georgia