BAC Limits in the Peach State
According to Georgia law, the legal limit for blood alcohol concentration (BAC) is 0.08 percent by volume or grams of alcohol per 100 milliliters or 210 liters of breath. For commercial drivers, the amount is lower at 0 . 04 percent. Underage drivers, however, have a zero tolerance for drinking and driving. While there are still some variables that can change the amount of BAC, the laws with a zero-tolerance are severe.
Penalties for Going over the Limit
If you are over the legal blood alcohol level for the state, you will face serious consequences. In Georgia, a first-time DUI conviction could result in a fine of up to $300, a year of probation, and a year in jail as well as a full year of license suspension. For those with prior convictions, the penalties increase substantially. The next time you decide to have just a little too much on a night out in Atlanta, be sure to remember that the consequences far outweigh the benefits, and the attorney fees to recover from such a charge can be astronomical.
What Affects Your BAC?
Understanding Georgia’s Legal Blood Alcohol Levels
While the body’s ability to metabolize alcohol varies between people, there a several known factors that influence how much alcohol will appear in the blood within a specific period of time. Each of these factors plays a role in determining individual tolerance. Body weight: A 130 lb man may have a completely different alcohol tolerance than a 180lb man. The more you weigh, the more water in your system, the less intoxicated you will be by the same amount of alcohol. Body fat: The more fat in a body, the less water. Hence, fat-based people will suffer more from the consumption of the same amount of alcohol as a very thin person. Body fat is also 100% responsible for the "beer gut" associated with alcohol. Gender: Women tend to suffer more from small amounts of alcohol than men of the same weight. The reason for this is that women generally have smaller body masses than men. As a result, they usually are affected very badly by small amounts of alcohol. Age: While the drinking age varies all around the world, it’s well known that age really affects your tolerance. As you get older, it’s more difficult for the alcohol to break down, and as a result, the intoxication is worse. You may not notice it as you turn 30, but every birthday past 35 gets harder to keep your composure. Type of drink: Higher alcohol drinks can still dehydrate a person, making them feel more intoxicated. This is because the alcohol is much more concentrated than lower drinks, which makes it more difficult for the body to break down. Food intake: If you eat a meal high in fats or sugars before consuming alcohol, it will counteract with the alcohol and make you feel intoxicated much faster. Conversely, if the consumed food was lean or contained low amounts of sugar, the alcohol would break down at its own pace, without feeling harsh on the body. High-fat meals also change the body’s pH, causing detriment to the body’s balance. This could also affect how fast the blood alcohol levels rise. Quality of drink: Besides the type of drink causing the body to react differently, the "quality" of a drink is also important to the metabolism of alcohol. The drink must be potent and pure to be effective in raising blood alcohol levels. If a drink is mixed with water, or besides quality (like rum and coke) its effectiveness will be lessened. Higher quality alcohol is not mixed as much, and does not contain water. Watered down liquor has the opposite effect on the body than pure liquor. While it may prevent intoxication, it will also ‘artificially’ raise blood alcohol levels. However, the body cannot metabolize the water with the alcohol, so while the BAC may be higher, the effects are more severe.
How is BAC Measured?
The most common method law enforcement officers use to measure Blood-Alcohol Concentration (BAC) is through a breathalyzer test. This handheld device is designed to detect the presence of alcohol in the alveolar air, which is the deep lung air that is emitted when one exhales. The newer handheld versions of breathalyzers, unlike the older ones, do not require the officers to connect them by a tube to test subjects. When a person breathes into the machine, it samples the alveolar air and uses infrared sensors to determine the ethanol content.
BAC is commonly expressed in terms of grams of ethanol in 100 milliliters of blood at 18 degrees Celsius (g/100 ml). Roadside breath tests are mostly used by officers as screening devices. If a person passes the test, the officer usually follows another line of investigation and lets the person go. If they fail the breath test, the officer usually detains them for further questioning and testing. In Georgia, under O.C.G.A. 40-6-392(a)(1), it’s illegal to drive if a person exceeds .08 grams. Within a three-hour period, the BAC level is presumed to have been .08 grams or more if he or she submits to a chemical test administered at the request of a law enforcement officer.
A breathalyzer is not the only way to obtain a BAC reading. Although people submit to breath tests more often, the breathalyzer does not provide as accurate a reading as other devices used by officers.
The following are the BAC measurement methods:
Breathalyzer tests commonly produce two types of error. If the machine malfunctions, the results may indicate a false positive. For example, someone who drank a beer may be shown as having a BAC of .25 percent , when his or her BAC level was actually .03 percent. A breathalyzer may also give a false negative reading. For example, someone whose BAC level was .08 percent may give a reading of .04 percent on a breath test.
Field sobriety tests do not include breath tests or blood tests. When a person is being pulled over by the police officer, he or she may be asked to do the following:
These tests are subjective, and there is no definitive and objective proof of failure.
If a breathalyzer test shows that a person is legally intoxicated, the breath test must be administered within three hours after he or she was first stopped. However, the officer is not required to administer a BAC test if the arrested person has already submitted to a chemical test. Under O.C.G.A. 40-6-392(a)(1), the legal limit is .08%. However, a driver is deemed under the influence if his or her BAC is .05% or greater, even though he or she should be charged with DUI less safe. Thus, drivers with BAC levels ranging between .05% and .08% may be found guilty of DUI less safe.
BAC can be measured by blood tests, which accurately and objectively depict the amount of alcohol in a person’s blood. The process is simple. Officers usually draw blood right outside of the DUI testing center. After collecting a sample (usually 5-15 milliliters), the officer may pour a blood preservative agent on the blood sample to stop fermentation, and divide the sample into two separate vials. One vial is preserved or kept intact, while the other vial becomes the property of the defendant, who can later have his or her forensic consultant test the blood. Blood tests are the most accurate way of determining BAC levels; however, forensic testing is not routinely performed by officers at the DUI testing center.
Suggestions for Drinking Responsibly
When consuming alcoholic beverages, it is essential to understand and respect Georgia’s legal Blood Alcohol Content (BAC) limits to ensure the safety of yourself and those around you. Here are some tips to help you stay within the legal limits:
Pace Yourself: Be aware of how quickly you consume your drinks. Spacing beverages apart by at least one hour for every standard drink helps the body process the alcohol at a safe rate. Monitor your intake by setting a limit on how many drinks you will have during your outing.
Know Your Drink Sizes: When ordering alcoholic beverages at a bar or restaurant, familiarize yourself with the standard sizes. A standard drink in Georgia is typically defined as 14 grams of pure alcohol. This is equivalent to a 12-ounce beer (with about 5% alcohol), a 5-ounce glass of wine (with about 12% alcohol) or a 1.5 ounce shot of distilled liquor (with about 40% alcohol).
Stay Hydrated: Drinking water between alcoholic beverages will not only keep you well hydrated , but also help slow down the rate at which you consume alcohol.
Eat Plenty of Food: An empty stomach is not your friend when it comes to alcohol consumption. Eating a full meal before or during your time drinking not only helps slow your absorption of alcohol into the bloodstream, but also ensures you do not overdo it while drinking.
Avoid Fast-Paced Drinking Environments: By avoiding places with fast-paced drinking games, loud music and no clocks are all ways to slow down your drinking.
Plan Safe Transportation in Advance: If you know you will be drinking, make arrangements ahead of time for a designated driver, public transportation or rideshare service. Avoid getting into a car with someone who has been drinking. It is never worth the risk of exposure to law enforcement or an accident that is severe enough to cause physical, psychological or even financial damage.