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I heard you can still get one even if below? Why? Sounds unjust?
Oh my so if you’re in Georgia and just finished a glass of water and that’s all you’ve had to drink the whole day, you could get a DUI charge for refusing a field sobriety test. I thought one could say no to the field sobriety test but ask to go to the station to take the formal test.
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Yes, you can.
In my state .08 is presumed intoxication and .04 is presumed sobriety. That means that if you are over .08 it doesn’t matter how well you do the test you’re considered drunk. However, if you’re between .04 and .08 if you fail the field sobriety tests you can still be arrested for DUI.
Yes, you can. It’s called a “zero tolerance law” which essentially lowers the blood alcohol level necessary to ANY traceable amount. This is fairly common. Also, where minors are concerned, they can be charged with DUI if they are below the legal limit in many states. Alabama is one of those states. Quite frankly, it is done to discourage drinking and driving.
You can be charged with DUI if the amount of alcohol in your system impairs your ability to drive a car. Depending on your individual situation. you can be intoxicated and become dangerous at below the legal limit. You are subject to arrest when you are intoxicated or when your blood alcohol level reaches .08, whichever comes first. (In my state, a minor is charged with DUI at .04) It is not unjust to arrest impaired and unsafe drivers regardless of how much the have had to drink.
In Georgia, the implied consent law states that if you refuse to do a sobriety test you will automatically be charged with a DUI regardless of if you are over the limit or not. Also, in most states (possibly all of them) you will get charged with a DUI if ANY alcohol is in your system and you are under the age of 21.
EDIT: Not necessarily. There has to be probable cause, such as an accident or erratic driving seen by the officer. You walking out of McDonald’s with four kids obviously wouldn’t be probable cause (unless you had booze in your hand).
http://www.dui.com/dui-library/georgia/laws/implied-consent
DUI or Driving Under the Influence doesn’t just mean alcohol but drugs, lack of sleep, anything that causes the driver to be dangerous on the road I personally include my children.
State set “legal” Limits. it is at these limits that a person is assumed to be under the influence, however it is possible for a person to be drunk and not be at the legal limit. Such would be the case with a very inexperienced drinker. Other factors are used to determine if someone may be under the influence of alcohol, such as slurred speach, bloodshot eyes, flushed face, swaying or stumbling as they walk or stand, etc. It is up to the arresting officer to administer a breathelyzer at the PD or go to the hospital for legal blood or urin.
I dont know but i been charged with public intox in my own house and sober
you can
but they generally dont