DUI over the Legal Limit Atlanta, Georgia

Georgia’s legal blood alcohol content (BAC) limit for drivers over 21 is .08%; however, the limit is much lower for commercial vehicle operators and underage drivers (.04% and .02%, respectively). Operating a vehicle while possessing a BAC over the limit can result in a driving under the influence (DUI) charge. If you have been arrested for DUI over the legal limit in Atlanta, Georgia, a qualified defense lawyer can improve your chances of the dismissal, acquittal, or reduction of the charges against you.

Determining your BAC before getting behind the wheel of a vehicle can be quite difficult. BAC is affected by many factors, such as gender and weight. For example, a 100-pound female may have a BAC over .08% after consuming just one standard serving drink, while a 160-pound male could have three servings of alcohol and still not reach the legal limit.

Other factors that affect BAC include fatigue, drinking on an empty stomach, and medication. Spacing your drinks out over a long period of time will also result in a lower BAC than if you rapidly consume them within an hour.

If you are facing a DUI over the legal limit in Atlanta, successfully fighting your charges is possible. The chemical tests used to determine BAC (breath, blood, and urine) are not always accurate. Your DUI lawyer may work with an expert to analyze your test in order to determine if any errors were made. Improper administration and faulty breathalyzer machines can result in an inaccurate reading. Certain medical conditions, such as acid reflux and hypoglycemia, dental work, tobacco, gum, and mints can also “trick” the breathalyzer machine into producing a higher test result.

The rising alcohol defense can also be used in certain cases. When you consume an alcoholic beverage, it takes time to reach the bloodstream, thus affecting your driving abilities. If you drink a beer before getting behind the wheel of a car, your BAC may be below the legal limit while you are driving. However, if you are arrested and an hour elapses between the time you were driving and when you take the breathalyzer test, your result will not accurately reflect your actual BAC when you were operating a vehicle.

Attorney Thomas J. Thomas has undergone extensive training on the breathalyzer test as well as the scientific evidence used in DUI cases. Thanks to his years of experience, he has proven track record of obtaining favorable results for his clients. Offering affordable fees and payment plans, Mr. Thomas is available around the clock to offer advice on your charges.

To schedule an appointment for a FREE evaluation on your over the legal limit DUI case, please submit your contact information online or call our office today.

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