O.C.G.A. 40-6-391(a)(5) which provides in relevant part that a person shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol. This is known as the “DUI-Per Se” statute, and it is one of the ways that a driver can be convicted of DUI in Georgia. It essentially creates a conclusive presumption that anyone above .08 must be impaired.
Therefore, the state only needs to prove:
- (1) person's blood alcohol content was 0.08 or higher,
- (2) person was in actual physical control of a motor vehicle within three hours before the test, and
- (3) person's blood alcohol content was elevated as a result of alcohol consumed prior to driving.
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