I was just curious why some DUI's from the same night were listed as just DUI, and mine was ALCOHOL CONCENT .08G OR MORE W/3HRS OR MORE... Does this mean 3 hours after the first Breathe test? or within 3 hours? if the latter, why even say within 3 hours?
Under Georgia Code 49-6-391(a)(5) you can be guilty of DUI if your alcohol concentration is over 0.08 grams within three hours of driving. That's the reference. The State must prove that the number results from alcohol consumed prior to the actual driving.
Within three hours of driving. Essentially, if your BAC was .08 at any time up to three hours after your driving ends, then it is presumed that it was higher than that when you were driving... Because BAC goes down over time.
There are several different ways of charging someone with a DUI in Georgia. The 2 most common are DUI Less Safe and DUI Per Se. You are charged with DUI Per Se meaning they believe your blood alcohol concentration was 0.08 or higher within 3 hours of operating a motor vehicle.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
It means your BAC was allegedly .08 or higher within three hours of you driving.
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