Paulding county criminal defense lawyers understand OCGA 40-6-392B1 provides the defense with a presumption of non-impairment, subject to the states attempt to rebut the presumption. This might be done by presenting evidence of a collision or erratic driving, or through testimony about the driver's physical manifestations. The amended provisions now read: except as provided in subsection C of this code section, upon the trial any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of code section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath or other bodily substance, may give rise to inferences follows: 1) if there was at that time an alcohol concentration of .05 g or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs 1 and 4 of subsection a of code section 40-6-391.
Blood or breath alcohol level .06% or .07%
OCGA 40-36-392 B2 is a neutral position where neither side can take advantage of an inference.
Blood or breath alcohol level of .08% or more
In 2001 and Georgia legislature lowered the per se limit for adults to .08 eliminated all reference to alcohol reading of .08 or more creating an inference of impairment prior law provide the prosecutor with this tool prior to 07/01/2001 .former OCGA 40-6-392B provide the State with an inference of impairment for any BAC of .08 or more subject to the defense's attempt to try to rebut the inference. However, the state still had to establish that this was the person's alcohol level at the time of driving on all less safe DUI alcohol cases. Defense counsel must insist on the trial court giving this instruction, as the jury charge relates to the less safe count, as opposed to a different proof requirements under the per se alcohol content. These inferences apply to all drivers, regardless of age .however, with the passage of House Bill 681, drivers under the age of 21 can be convicted of a per se DUI or a chemical test indicates an alcohol content of .02% or more if he or she is properly accused under OCGA 40-6-391K . Contact a Paulding County criminal defense lawyer today with help on your charges.
