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Can I be charged with DUI if my BAC is below the legal limit?

On Behalf of | Jun 18, 2020 | Drunk Driving Charges |

Summer is here, and there are a seemingly endless of reasons to have a drink. You may be at the beach, at happy hour or at a family reunion and decide to have a beer or two. However, when one or two leads to four or more and you decide to drive home after drinking, you may soon find yourself facing an officer who is accusing you of drunk driving.

Georgians may be surprised to find out that they could be charged with DUI even if their blood-alcohol concentration is below the legal limit of 0.08%. You can violate DUI laws with a BAC below the legal limit if the Georgia District Attorney can show that you had been drinking and because of that you were not driving safely. Generally, this will be proven through field sobriety tests and observations of your driving.

Of course, a motorist in Georgia can also be charged with DUI “per se”. This means that your BAC is 0.08% or higher. In this situation, there is a “rebuttable presumption” that can be challenged if there is evidence to the contrary. However, such defending yourself in such situations can be complex, and many people chose to do so with the help of an attorney.

When you are charged with DUI it can spell bad news, especially the higher your BAC is. You may wonder how the charges will affect your everyday life, including whether you will lose your driver’s license, whether you will have to pay a fine or even go to jail. Legal professionals can explain Illinois DUI laws further, so you can make informed choices moving forward.