A DUI Per Se charge under Georgia law is where a driver is presumed to be legally impaired and unsafe to drive based on their blood alcohol concentration, regardless of how well they may have been driving or if they did not seem intoxicated.
For adult drivers who are not operating commercial vehicles, the threshold blood alcohol concentration level for a DUI per se charge is .08% or higher within three hours after driving. Evidence is typically obtained from either a breathalyzer test or a blood test. While circumstantial evidence of intoxication may also be observed, like haphazardous driving, this type of evidence of impairment isn’t necessary for a per se charge.
Implications of a DUI Per Se
Being charged with a DUI per se can trigger two types of consequences. First, it can result in an administrative license suspension with the Georgia Department of Driver Services. Second, it can lead to a criminal case in court with punishments such as jail time, fines, and community service.
Defending Against Per Se Charges
Fighting a per se charge requires showing that your test results were somehow inaccurate or unreliable. This could be due to the circumstances of your arrest, the testing procedures not being properly followed, or some other factor leading to the results that you received.
Village Counsel Law Firm provides straightforward legal representation to individuals facing DUI per se charges in Georgia. Attorney Omar A. Cooper can help you understand the charges you face, evaluate the evidence that challenges your test results, and develop a legal strategy to defend against them. For more information, contact us today.