Georgia Per Se Laws
When a police officer pulls over a driver on suspicion of driving under the influence, there are several tests that he or she may use when determining if the driver is intoxicated. For example, the officer may ask the driver to walk in a straight line or to balance on one foot. These are known as standardized field sobriety tests.
These field sobriety tests are used to determine probable cause in a DUI arrest. After this, the officer may ask the driver to take a chemical test. This will consist of testing the driver’s breath, blood, or urine to determine the blood alcohol content, or BAC. This is the ratio of blood to alcohol in the driver’s system.
In Georgia, it is illegal for a driver to operate a vehicle with a BAC of 0.08 percent or higher. If the driver’s BAC is over this legal limit, he or she will be charged with “per se intoxication.”
Even if the driver’s motor or mental skills do not appear impaired, the driver could still be considered “per se” intoxicated if the officer believes there is probable cause or suspicion that the driver is under the influence of alcohol and/or drugs. It doesn’t matter that the driver passed the field sobriety test – if his or her BAC is above the legal limit he or she will be placed under arrest for drinking and driving.
Refusing to take a chemical test may also lead to a “per se intoxication” arrest. If the police officer has probable cause to believe that the driver is intoxicated, he or she may make an arrest, even if the driver refused to take a breath test or perform the field sobriety tests. The officer may point out how the suspect was driving before the arrest. For example, if the driver was weaving, driving without headlights, or running a stop sign, this may be enough for probable cause.
If you have recently been charged with “per se intoxication” in the Atlanta area, Mr. Gomez and his attorneys are eager to help you. To contact experienced DUI defense attorney Frank Gomez, fill out our form right now.
