Question: My daughter got arrested for DUI in Woodstock and she’s only 19. She hasn’t ever been in trouble before and I still can’t believe that she got a drunk driving charge. She said she only had a half of a beer and she said she took the breath test and she got a .04.
She was driving home from her boyfriend’s and she had some big news for him. She told him she was pregnant and she said he looked shocked and then she tried to give him some alcohol to calm him down because she said that it looked like he was getting angry. She said he drank maybe 8 beers very quickly and he was drunk, and she said she only had half a brew.
Then he got a little mouthy with her and she said she felt uncomfortable and had to leave so she got into her car that I bought for her birthday and she drove home. But she didn’t get too far before a Woodstock cop pulled her over for speeding and she was crying so her make-up looked like she was into punk rock, if you know what I mean. But she’s a good kid and she works hard as a server. I still can’t believe that she’s pregnant.
I believe her that she didn’t have much to drink and I believe that she wasn’t drunk and I want to know if that can help her when she goes to court. Who really cares if said had a little bit of booze.
T.E. in Canton, GA
Answer: Under Georgia law, if a person is under 21 years old, then the per se limit for DUI is .02 BAC (Blood Alcohol Concentration). For a person 21 years of age or older, the DUI minimum is .08 BAC. So if you are under 21, you only need a little bit of alcohol to be over the limit. If you are 21 or older, you can drink four times as much before being DUI than a person under 21.
Although your daughter only blew a .04, because she is under 21, she is actually twice the legal limit. In fact, people under 21 are not supposed to drink any alcohol. That doesn’t mean that she can’t have the DUI charge dismissed or have the charge reduced to reckless driving, but it does mean that a Woodstock DUI lawyer should carefully look at the evidence against her to see if she has any good legal defenses.
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