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

Will the Government Lower the Blood Alcohol Content to .05?

Question: I've heard that that there is a new blood alcohol content that means someone is considered DUI now with a breath test that did not used to be considered drunk driving. Since I have already had one DUI in Georgia I'm worried that now I can't drink at dinner; that I can't even have beer or wine or I will get arrested again. What is the new level or limit for DUI? I would appreciate an answer as soon as you can because I really do not want another DUI and Georgia is tough on DUI.

Answer: A new blood alcohol content (BAC) limit has not been established. The National Transportation Safety Board (NTSB), a federal government agency, has recommended that the BAC level for DUI be reduced to .05. The BAC level is now .08 in Georgia.

Certainly lowering the BAC level to .05 will result in more DUI convictions. But it seems to us that lowering the BAC level is not a great idea for Georgia. The level seems too low and will result in the criminalization of mere social drinkers. And those with serious drinking problems will not heed the new lower level any way.