1. Law enforcement can arrest you for driving with a BAC that is
under the legal limit.
It is illegal in all fifty states to operate a motor vehicle with a blood
alcohol concentration (BAC) that exceeds the legal limit (.08%). However,
Georgia Code §40-6-391(a)(1) states that it is illegal to operate
a vehicle "…under the influence of alcohol to the extent that
it is less safe for the person to drive." In other words, you can
be arrested for driving with a lesser BAC if your ability to operate a
vehicle is impaired before your BAC reaches the legal driving limit.
2. Prescription medication can lead to a DUI. You might think that "DUI" refers to driving under the influence
of alcohol. This is true, but
DUI also refers to drugs – even prescription medication. Many prescription
medication labels warn consumers to "avoid operating heavy machinery"
after use. Depending on the way you are effected by the medication, your
ability to operate a car might be compromised and you could be guilty
of DUI under Georgia Code §40-6-391(a)(2). Driving "under the
influence of any drug" is illegal if it compromises your ability
to operate a motor vehicle.
3. Bicycling under the influence can result in a drunk driving charge. Like most state laws, Georgia law assumes that
bicycles are vehicles (they are "devices" in a few states). Thus, Georgia Code §40-6-391(a)(1)
applies to cars, bicycles, and other forms of transportation. According to
Georgia Code, Title 40, §40-1-1(75), a "vehicle" is any device that can be used as transportation
on a highway. This definition excludes devices used on railways or tracks.
If you've been arrested for DUI in Atlanta or the surrounding area,
contact the Atlanta DUI attorneys from the Law Offices of Howard J. Weintraub today.