Savannah GA criminal law firm
In a typical drunk driving case, the State should demonstrate that the driver was a less safe driver as a result of alcohol imbibed. This type of lawsuit can be pursued even if no test result exists. If a person has taken a blood, breath, or urine test, the State should introduce evidence of the result. To help the prosecution prove “less safe” driving, the legislature passed a law which allows the prosecution to benefit from certain “legal” presumptions. A blood alcohol level of .08 is the level of “presumed” impairment for persons 18 or older. This presumption comes into play at trial when the prosecution asks the judge to instruct the jurors that if they believe that the government has established beyond a reasonable doubt that the driver had an alcohol level of 0.08% or more, that the jurors should “infer” that the driver was impaired. This inference, nonetheless, may be disputed by the driver, and evidence showing lack of impairment can be produced. Georgia law also establishes other “inferences” in the law, like the fact that persons who have a blood alcohol level of .05 or under are inferred to NOT be impaired by alcohol. However, the prosecutor can attempt to refute that “presumption” by other proof. If a person is .06 or .07, neither the driver nor the prosecution is given the benefit of an “inference”.
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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
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