Athens-Clarke County GA criminal defense attorney
In a normal DUI criminal case, the State has to demonstrate that the driver was a less safe driver because of alcohol imbibed. This type of case can be pursued even if no test result exists. When a person has taken a blood, breath, or urine test, the State must introduce evidence of the result. To assist the prosecutor demonstrate “less safe” driving, the government passed a law which permits 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 where the prosecutor requests the judge to instruct the jurors that if they believe that the prosecution has demonstrated beyond a reasonable doubt that the driver had an alcohol level of 0.08% or more, that the jurors must “infer” that the driver was impaired. This inference, nonetheless, may be disputed by the driver, and evidence showing lack of impairment can be submitted. 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 considered to NOT be impaired by alcohol.
However, the prosecutor can attempt to refute that “presumption” by other evidence. If a person is .06 or .07, neither the driver nor the prosecutor is given the benefit of an “inference”.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney
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