What is Georgia’s 3-Hour DUI Rule?

In Georgia, there are a couple of different ways that a person can be charged with driving under the influence. One is known as the driving under the influence (DUI) per se rule and it applies in cases where a driver’s test results reveal that he or she has a blood alcohol concentration of .08 grams or more within three hours of stopping the vehicle. In these cases, law enforcement assumes that the driver was under the influence at the time of arrest, even if it took between one and three hours for a BAC to reach .08 percent.

Other Types of DUI Charges 

Besides a DUI per se charge, Georgia drivers can also face accusations of driving under the influence when they are:

• Found operating a commercial vehicle with a BAC of .04 or more;
• Under the age of 21 years old and have a BAC of .02 or more;
• Found to have an illegal drug in their system; or
• Had a BAC of less than .08, but were under the influence of drugs or alcohol and were driving recklessly.

These types of charges are different from DUI per se accusations, which don’t require proof that a driver failed a field sobriety test or was otherwise driving dangerously.

DUI Per Se Rule 

With a DUI per se charge, a person can be accused and convicted of driving under the influence regardless of their actual driving behavior if they are found to have a BAC of .08 or more. No proof of impaired driving ability is required in these cases, because impaired driving ability isn’t required under a per se charge. Rather, prosecutors need only prove that a driver’s BAC reached .08 percent or higher within three hours of the stop. This limit, however, is much lower for drivers under the age of 21 years old and commercial truck drivers.

Physical Control of the Vehicle 

Besides their BAC level, drivers who have been accused of committing a DUI per se must also be shown to have been either driving or in physical control of a vehicle within three hours of their test. Whether or not a person was in physical control of the car in question depends on a number of factors, including:

• Whether he or she was the owner of the car;
• Whether the accused made any incriminating statements;
• Whether the engine was running or the transmission was in drive; and
• Whether the accused was in possession of the vehicle’s keys.

Based on all of these factors, a court could decide that a person is guilty of a DUI just because the keys were in the ignition at the time of arrest. This is why it’s so important for those who have been accused of driving under the influence to work with an attorney who can help them build a strong defense.

Call Andrew L. Schwartz, P.C. Today 

If you or a loved one were accused of driving under the influence in Georgia, our legal team is here to help. Call 678-853-2500 to speak with experienced Cobb County DUI lawyer Andrew L. Schwartz, P.C. about the specific circumstances of your arrest.

Sources: 

forbes.com/advisor/legal/dui/georgia-dui-laws/

law.justia.com/codes/georgia/2022/title-40/chapter-6/article-15/section-40-6-391/