Georgia’s underage DUI laws: What you need to know about the 0.02% BAC limit

Georgia has some very tough laws regarding minors driving and drunk driving, and many would be shocked to learn how young the legal drinking age is for drivers. Georgia has a lower blood alcohol concentration limit for drivers under age 21 than for drivers over age 21: 0.02 percent BAC versus 0.08 percent for adults.Georgia has a zero-tolerance policy for underage drinking and driving: 0.02 percent BAC for drivers under age 21, compared to 0.08 percent for drivers over age 21.

For perspective, a BAC of 0.02 percent can be achieved with a very small quantity of alcohol, and in some cases, not enough to result in a “full” drink, depending on body weight and other factors. This means an underage driver doesn’t have to be visibly intoxicated in the manner many people think of when referring to being drunk to be charged under this law. Many young drivers and their families are caught off guard when charges are brought against them for driving while intoxicated, even if they have a small amount of alcohol in their system.

The zero tolerance law will be enforced for all drivers under 21 years of age, whether they hold a standard driver’s license, a provisional driver’s license or a learner’s permit. This is not an adult DUI law, but is included in Georgia’s general implied consent statute. The same implied consent rules are in effect if an underage motorist is stopped and the officer has reasonable cause to believe that the driver may have been drinking, a chemical test may be required and failure to submit to the chemical test may have additional administrative penalties imposed by the Department of Driver Services.

Like penalties for adults, penalties for an underage DUI conviction may include fines, community service, and suspension of driving privileges and/or requirements to attend a DUI risk reduction program. The license suspension penalties can be severe for younger drivers, however, as many have not yet developed their driving record, and may be deprived of driving for extended periods. This not only may impact a youth’s capacity to attend school, but also impact their ability to participate in extracurriculars, or an after school job, complicating the practical aspects of their situation beyond the legal consequences.

The threshold is so low that in some instances the details of the case for an underage DUI may not be relevant in a typical adult DUI case, including correct calibration of testing equipment, time between stop and test, and proper procedures during the traffic stop. With the law of the land being so close, even minor technical or procedural mistakes can mean a lot. One of the reasons why families are often looking for an Atlanta DUI Lawyer from early on in the process is that this situation requires a more in-depth examination on the facts that may not be considered initially.

Also, an underage DUI charge can have ramifications beyond the initial penalties. A criminal history may be requested as part of the college or university’s admissions process, may be considered as part of the disciplinary review process for an enrolled student and/or may be a requirement for certain scholarship programs. As a result, some families will pay attention to every available possibility before the case proceeds, such as determining if there are alternate options available based on jurisdiction and circumstances.

DUI Jim or James Yeargan is an Atlanta attorney who has an unique approach to cases where there are tight statutory limits such as the 0.02 percent limit for minors. Prior to his transition into the defense arena, he served several years as a DUI and drug prosecutor in the City of Atlanta and attended Georgia Police Academy for training on breath testing equipment, and various DUI procedures. That background is what makes it important to know a bit more about the technical detail that is so much of the equation when the statute’s enforcement is as close-meshed as it is under Georgia’s zero-tolerance law.

The underage DUI charge in Georgia has a very low margin for error, so a family that’s charged with such a crime should not take it lightly. It is important to contact Atlanta DUI Attorney as soon as the arrest occurs to make sure the case and how it is handled is understood and to determine what may be done to save the young driver’s driving record and opportunities to allow the case to be handled in the best possible way.