Posted on Monday, April 22nd, 2024 at 9:00 am
Anyone who drives with a high blood alcohol concentration (BAC) endangers everyone else on the road. But what is a high BAC in Georgia? If a driver gets a DUI with a high BAC of 0.15 percent or more, they may face significant penalties. They also increase their risk of causing an accident and injuring or killing others.
What Is a High BAC for a DUI in Georgia?
Georgia drivers face DUI charges at the following BAC levels:
- 0.08 Percent – A BAC of 0.08 percent is the threshold for a DUI for most Georgia drivers in most circumstances.
- 0.02 Percent – Drivers under 21 may face a DUI charge in Georgia for a BAC of 0.02 percent or higher.
- 0.04 Percent – Commercial vehicle drivers with a BAC of 0.04 percent or higher may be charged with DUI under Georgia law.
Any BAC over the legal limit is too high for someone to be driving. However, a BAC of 0.15 percent or more comes with additional consequences for the driver. One of these is the likelihood of being held liable in the event they cause an accident while driving drunk.
The Role of Negligence in Georgia DUI Cases
When filing a claim against a drunk driver in Georgia, the burden of proof falls on the victim. They must prove that the drunk driver acted negligently, and that their negligence caused the accident and the victim’s injuries.
Fortunately for injured parties, a driver’s BAC of 0.08 or higher constitutes negligence per se. This means the driver is automatically considered negligent based on their violation of Georgia law. This simplifies the process of proving negligence in an injury claim, which is usually the crucial hurdle they must clear when seeking compensation.
Can a Driver Enter a Nolo Contendere Plea with a High BAC?
A driver can enter a plea of nolo contendere, or no contest, if they don’t wish to contest a DUI charge. This is not technically an admission of guilt. One of the biggest advantages of a nolo contendere plea for a drunk driver is that, because they aren’t admitting that they drove while drunk, their plea can’t be held against them in a civil claim.
Unfortunately, this makes it harder for an injured person to pursue action against them. They’ll have to prove the driver’s negligence, rather than be able to count on them being negligent per se due to their BAC.
However, Georgia law forbids drivers with BACs of 0.15 percent or higher from entering a nolo contendere plea. This means their BAC, which exceeds the level required to constitute negligence per se, can be used as proof of negligence in a civil claim. As a result, when a driver with a BAC of 0.15 or higher hits someone and injures them, the injured party has a strong claim against them.
How a Georgia DUI Accident Injury Lawyer Can Help
Have you suffered injuries as a result of another driver operating a vehicle while impaired? You may be entitled to compensation for your losses, including medical expenses, lost income, pain and suffering, and more.
The process of pursuing the compensation you deserve can be challenging. This is particularly so when you’re already dealing with physical injuries, financial stress, and emotional strain. A Georgia DUI accident attorney can make the process easier for you by handling every aspect of your legal claim, including:
- Gathering and analyzing the evidence of the accident
- Establishing the liability of the impaired driver
- Seeking expert testimony to support your claim
- Determining the extent of your losses and a fair compensation amount
- Negotiating with the impaired driver’s insurance company
- Fighting for compensation in court if the insurance company won’t offer a fair settlement
Contact a Georgia Car Accident Lawyer Today
In the aftermath of an accident caused by a drunk driver with a high BAC, you need the time and space to focus on healing. Let a Georgia DUI accident attorney at Jonathan R. Brockman, P.C. handle the rest. We’re prepared to get to work on your behalf. We’ll uncover the facts of the accident, build a robust claim on your behalf, and fight the insurance company for the full and fair compensation you need to recover. Contact us online or call us today at (770) 205-8827 to get started with a free case review.