There are significant trends developing in Georgia DUI laws, and a push for lower blood alcohol levels is one of these trends. Blood alcohol levels are how the police measure whether you are above or below the per se level of alcohol intoxication in violation of Georgia DUI laws. You will be arrested for a DUI in Georgia if you test .08 BAC or higher, regardless of whether you violated any traffic laws, or otherwise endangered yourself or other motorists. Savannah DUI attorney Matt Hube is highly skilled and experienced as a Georgia DUI lawyer. Contact him today for a confidential, and free, case evaluation.
Georgia DUI laws have changed over the past couple of decades to continually reduce the per se blood alcohol levels that must be proved to find you guilty of a Georgia DUI. The current law says that you are guilty of a per se violation of Georgia DUI laws if you test .08 BAC or higher. A per se violation simply means that the state does not have to prove anything other than the fact that you were in actual physical control of a motor vehicle while your BAC registered at .08 BAC or higher. Actual physical control is a burden less than driving, but it does require you have some control over the vehicle.
There are several factors that determine your blood alcohol level at any given point in time. Some of the more relevant factors include:
When you eat the pyloric valve that passes food from your stomach to your intestines closes in order to allow the natural processes of the stomach to break the food down for processing through the body. If you have alcohol in your stomach at the time this valve closes the alcohol remains in your stomach. Some of that alcohol will pass through the stomach walls and into your blood stream, but the majority of the alcohol remains in your stomach until the pyloric valve reopens. When the pyloric valve reopens the alcohol that was sitting in your stomach is washed through your upper and lower intestines and begins rapid absorption into your bloodstream. This is what causes you to suddenly feel the effects of alcohol long after you quit drinking, and what causes you to not feel the effects of alcohol when you are actively drinking and eating, (or at least feel them less intensely than you otherwise would).
Time is the only reliable way to sober up after you ingest alcohol. Home remedies, including eating, drinking coffee, drinking water, etc. will not sober you up. Your BAC will peak when all of the alcohol in your system enters your bloodstream, and will begin to dissipate as that alcohol is processed by your liver and other organs and systems.
This information is relevant when establishing a defense to a DUI in Georgia because the State is required to prove you were intoxicated at the time you had physical control of a vehicle. If it can be shown that you were not intoxicated at the time you had control of the vehicle, then you may have a defense to a BAC reading taken some time after you were no longer in control of a vehicle. Contact Savannah GA DUI attorney Matt Hube right now for a confidential case evaluation.