The concept of a “legal limit” is one of the most misunderstood legal concepts. People are shocked to learn that in Georgia there is no “legal limit.” What we have in Georgia is a DUI “Per se” Blood Alcohol Content (“BAC”) limit of 0.08, and DUI “Less Safe.” DUI “Per Se” means there is a presumption of impairment when a person tests .08 or more. A presumption does not mean you are automatically guilty. The State still must prove you were in fact .08 or more. However, if proven, you are presumed to be DUI. You are always presumed to be innocent until proven guilty beyond a reasonable doubt. This part of the DUI law does not surprise the accused.

The surprise comes when someone is under .08 and gets arrested for DUI “Less Safe.” DUI Less safe is not a lesser offense of DUI. It’s a DUI proven in a different way. If you are under the influence of alcohol to the extent that it is less safe for you to drive, you can be charged with DUI even if you are under .08.  If you are between .05 – .08, you can be charged with DUI less safe, and there is no presumption of impairment. If you are less than .05 there is the presumption that you are not impaired.


DUI law is a very complex law with many variables, including saving your license.  We highly recommend immediately contacting a reputable and knowledgable DUI attorney like the ones we have as Pasley, Nuce, Mallory & Davis, LLC, where we offer FREE initial consultations about your case.

At our initial FREE lawyer consultation with a member of our law firm, our DUI attorneys tell you how and why your stress must be transferred to our shoulders, so that you can get your life back. Having a pending DUI is terrifying, but the answer to getting rid of that potential problem is retaining a great DUI law firm with a proven track record.

Contact us at any of our 4 office locations today to see how we can put our experience and knowledge to work for you.