Question: If You Blow Under The Legal Limit, Will You Be Arrested In Georgia?

Answer: In Georgia, simply blowing below the legal limit does not prevent you from being charged with a DUI. The alcohol level in the case, if it is .05 alcohol grams or lower, there is a presumption that the person is not impaired. Between .05 and .08 it may be presumed that they are impaired or not impaired. And basically if they are .08 grams or more, they are per se under the influence of alcohol to the extent that they are a DUI. However, all of those presumptions can be challenged. Blowing below the legal limit does not mean that you won’t get charged. They can simply try to establish that you were less safe to drive. Some people are less safe at a lower level than others, so it is not a guarantee that you will not be charged with a DUI.

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