Drunk Driving Laws in Georgia
In Georgia, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers aged 21 and over. For commercial drivers, the limit is 0.04%, and for drivers under 21, Georgia enforces a zero-tolerance policy of 0.02%.
Under O.C.G.A. § 40-6-391, individuals can be charged with DUI if they are under the influence of alcohol, drugs, or any intoxicating substances to the extent that it is less safe for them to drive. In addition to criminal penalties, intoxicated drivers may be held civilly liable for the injuries and damages they cause.
How Alcohol Impairs Your Ability to Drive
Alcohol affects the central nervous system and significantly impairs a driver’s ability to operate a vehicle safely. Even at low levels, alcohol can impact:
- Reaction time: Slower reflexes make it harder to respond to road hazards.
- Coordination: Impaired motor skills increase the likelihood of losing control.
- Judgment: Alcohol reduces the ability to make sound decisions.
- Vision: Blurred vision and difficulty focusing can impair awareness.
- Concentration: Difficulty maintaining attention puts everyone on the road at risk.
These impairments make drunk drivers significantly more likely to cause serious accidents, including head-on collisions, rear-end crashes, and pedestrian accidents.
How to Prove Liability Against a Drunk Driver
To successfully pursue a personal injury claim after a drunk driving accident, you must demonstrate that the other driver was negligent and that their negligence caused your injuries.
In DUI cases, this typically involves establishing:
- Duty of Care: All drivers have a duty to operate their vehicles safely and responsibly.
- Breach of Duty: Driving under the influence violates this duty.
- Causation: The intoxicated driver’s actions directly caused the accident and your injuries.
- Damages: You suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.
Evidence that can help prove liability includes:
- Police reports and arrest records
- BAC test results
- Witness statements
- Traffic camera or dashcam footage
- Medical records
Van Sant Law will thoroughly investigate your case to collect critical evidence and build a strong claim on your behalf.
Georgia Dram Shop Law
In some cases, third parties who provide alcohol to a drunk driver may also be held liable. Georgia’s Dram Shop Law (O.C.G.A. § 51-1-40) allows injured victims to seek compensation from businesses or individuals who:
- Knowingly sold or served alcohol to a person under 21
- Knowingly served alcohol to a noticeably intoxicated person, who they knew would soon be driving
These laws apply to:
- Bars and restaurants
- Nightclubs
- Social hosts serving alcohol at private parties
Contact our Alpharetta drunk driving accident attorneys today at to let us fight for you!
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If you are hesitating to call us for help, take a look at our recent case results.
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$1,600,000 $1.6 Million Wrongful Death
Anonymous Wrongful Death Case
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$125,000 $125k for a Middle Aged Woman Who Injured Her Elbow in a Car Accident
For a Middle-Aged Woman Who Injured Her Elbow in a Car Accident
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$200,000 $200k for an Individual Was Injured in an Accident While on the Side of the Road
For an Individual Was Injured in an Accident While on the Side of the Road
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$110,000 $110k Settled for Client Injured in T-Bone Collision
Settled for Client Injured in T-Bone Collision
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$400,000 $400k for Neck & Back Injuries Sustained When Tractor Trailer Backed Out Improperly
For Neck & Back Injuries Sustained When Tractor Trailer Backed Out Improperly
Have You Been Injured in a Georgia Accident?
If you’ve been injured in an accident you should speak with an experienced personal injury attorney as soon as possible. Our firm offers personalized legal strategies to help you pursue the compensation you deserve. With a deep understanding of Georgia's personal injury laws, we are prepared to advocate on your behalf, ensuring your rights are protected throughout the legal process.
Please contact us online or call our office directly at to schedule your free consultation.
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Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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