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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

Can I Get a DUI After One Whiskey Drink?

Question: I was pulled over for DUI I really had only had one drink of whiskey. I refused the breath test Could I have been DUI after just one drink?

Answer: That depends on several things. You didn't say what brand of whiskey you drank – so we don't know what proof it was (its alcohol content). Whiskeys can have varying amounts of alcohol depending on the whiskey brand. Also, you didn't mention how "big" the drink was. In other words, did it have one shot, two shots, etc.?

Noted American whiskey brands include Maker's Mark Whiskey, Four Roses Whiskey, Knob Creek Whiskey, Blanton's Whiskey, Woodford Reserve Whiskey, Jack Daniel's Whiskey, Wild Turkey Whiskey, Old Rip Van Winkle Whiskey, Elijah Craig Whiskey, and Rebel Yell Whiskey.

Some Scotch whisky brands are Glenlivet Scotch Whisky, Highland Park Scotch Whisky, Bowmore Scotch Whisky, Johnnie Walker Scotch Whisky, Old Pulteney Scotch Whisky, Black Bull Scotch Whisky, Springbank Scotch Whisky, Talisker Scotch Whisky, Maccallan Scotch Whisky and Dalmore Scotch Whisky. (It's interesting to note the spelling difference between the American & Scottish drinks – we Americans spell it with an extra "e," Whiskey, while the Scots drop the "e" – Whisky.)

Old Rip Van Winkle may boast the highest proof at 107!

Since you refused the breathalyzer test (usually the Intoxilyzer 5000) we'll never know what your blood alcohol content (BAC) was and we'll have to take certain immediate actions to make sure that your Georgia driver's license is not suspended, including submitting a "10-day letter" (an administrative appeal) to the Georgia Department of Driver Services.