The "DUI Statutes" sub-section of this guide outlines specific laws related to driving under the influence in Georgia, focusing on 'DUI Per Se', 'Less Safe', and the 'No Prescription Exception' statutes. It clarifies the 'DUI Per Se' law, which is based purely on the blood alcohol content levels, and contrasts this with the 'Less Safe' statute, where impairment is inferred from the driver's behavior or conditions, regardless of blood alcohol level. Additionally, this section discusses the 'No Prescription Exception' rule, emphasizing that DUI charges apply irrespective of whether the substance impairing the driver was legally prescribed.
DUI "Less Safe": O.C.G.A § 40-6-391 (a)(1)-(4)
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive
DUI "Per Se": O.C.G.A § 40-6-391 (a)(5)
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended
No Prescription Exception: O.C.G.A § 40-6-391 (b)
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use
ADDITIONAL RESOURCES