Georgia Blood Alcohol Content

In all 50 states, it illegal to operate a motor vehicle if your blood alcohol content is .08% or more. This does not mean that you have to be “drunk” to be arrested for drunk driving. It’s simply the amount of alcohol that is in your bloodstream that can have you in handcuffs. Depending on your age, weight, height, how much you’ve eaten, how much alcohol you’ve had and how your body metabolizes alcohol, you may be “drunk” much lower or even at a higher percentage than .08%. Regardless, the state of Georgia, like all other states, has set the legal limit at .08%.

So we’ve established that blood alcohol content is the amount of alcohol found in your bloodstream, but how does a police officer determine your BAC? The only way to measure this is through a chemical test, and there are three: breath, blood and urine. Police officers are only trained and permitted to administer a breath test. Blood and urine chemical testing must be conducted at a medical facility by qualified medical personnel. Other devices that measure BAC may include a SCRAM device.

Police will ask you to submit to a chemical test if they have probable cause to believe you are driving under the influence of alcohol and/or drugs. You may say no, however police must inform you of the Implied Consent Warning and the penalties that you’ll face for refusing to submit to a chemical test.

If you agree to a chemical test, you’ll likely take a breath test. Police officers use a portable device called a breathalyzer during a DUI stop. You will be instructed to blow into a machine a couple of times so that police can obtain two readings, both of which must be within .02% of each other. This ensures that the machine appears to functioning properly. When you blow into the machine, it is measuring the amount of alcohol found in your lungs. This information is then calculated into a BAC percentage based on a set ratio.

There are many flaws associated with the breathalyzer test, so it’s important to contact The Law Office of Larry Kohn if you were arrested for DUI for “failing” a breath test.