Blood-Alcohol Concentration (BAC) Testing
Our Atlanta DUI Attorney Can Fight for Your Rights
The primary measurement used in a DUI arrest is the driver’s blood alcohol concentration (BAC) level. If you have been charged with DUI based on your high BAC level and/or other factors, get legal help at once. In order to effectively combat your DUI charges, speak with the Law Office of Matthew T. McNally.
We can bring the following to your case:
- Nearly 20 years of experience
- Background as a former Assistant District Attorney
- Member of professional organizations
- Commitment to each of our clients
BAC Tests in Georgia
In Georgia, a law enforcement officer can choose to administer one of three tests in order to obtain an "accurate" measurement of a suspected drunk driver's blood-alcohol concentration.
These include the following tests:
In addition, law enforcement may also choose to administer a series of standardized field sobriety tests in order to gain a preliminary idea of what they may be dealing with. Since most DUI arrests begin with an initial police stop, the most commonly utilized BAC test would be the breath test. According to Georgia's implied consent law, one cannot refuse this test without facing legal consequences. The same would also apply to blood and urine testing.
What is the legal BAC limit in the United States?
Throughout the United States, it is illegal to operate a motor vehicle while under the influence of alcohol and/or drugs. Although the specific nature of the laws that regulate drinking and driving will vary from state to state, it is generally true that an individual over the age of 21 could be arrested and charged with DUI if their blood-alcohol concentration is measured at .08% or greater. Scientifically speaking, this means that one tenth of one percent of a person's blood volume is alcohol. In legal terms, this would subsequently mean that an individual has been rendered "intoxicated," or generally unfit to drive a vehicle.
According to research, most people will experience the following side-effects as their BAC rises:
- 0.01% – 0.02%: The average person will appear generally normal, but subtle signs of impairment could be detected with specialized tests—including blood, breath and urine tests.
- 0.03% – 0.05%: The average person will experience mild euphoria, relaxation and decreased inhibition, while signs of impairment would become apparent in their inability to concentrate.
- 0.06% – 0.09%: The average person will experience an increased lack of inhibition, while signs of impairment would become apparent in their sense of reasoning and depth perception.
- 0.10% – 0.19%: The average person will experience emotional mood swings, while signs of impairment would be become apparent in their reflexes, reaction time and gross motor control.
- 0.20% – 0.29%: The average person will experience unconsciousness or a loss of understanding, while signs of impairment would become apparent in their severe lack of motor control.
Is the legal limit the same for all drivers in Georgia?
While not all drivers in the state of Georgia are subject to the same DUI laws, it is important to understand that anyone could be arrested and charged with a crime for operating a vehicle while impaired—which does not necessarily mean that their BAC has surpassed the designated limit.
Take a look at these exceptions:
- Individuals under the age of 21 are prohibited from driving with a BAC of .02% or greater
- Commercially licensed drivers are prohibited from driving with a BAC of .04% or greater
In some cases, a law enforcement officer will make an arrest even after they have discovered that the suspect's BAC was under the legal limit of .08%. Since it is illegal to drive while alcohol or drug impaired, it is up to the officer to decide whether or not you are fit to operate a vehicle.
Contact a Dependable Atlanta DUI Lawyer to Explore Your Legal Options!
At the Law Office of Matthew T. McNally, our Georgia DUI attorney team is proud to have secured many successful case results for our clients over the years. With a former Assistant District Attorney on your side, you benefit from unique insight into both sides of your case. Let us fight for your future!
If you have been arrested after failing a BAC test in Georgia, contact an Atlanta DUI attorney at the Law Office of Matthew T. McNally for a free evaluation of your case.