What is the zero-tolerance law?
Many people assume that they can recognize the warning signs of intoxication in themselves before they get behind the wheel. For some drivers, including underage motorists, self-evaluation may not protect them from criminal charges. The zero-tolerance law in Georgia makes it very hard for underage drivers to determine whether driving home might lead to a DUI charge.
Most drivers in Georgia are subject to the same standard blood alcohol concentration (BAC) limit. If their BAC is 0.08% or higher, they may be at risk of arrest and prosecution if they drive in that condition. Many drivers may experience noticeable signs of impairments before they reach that 0.08% threshold.
Underage drivers who are not old enough to legally consume alcohol are at enhanced risk of DUI prosecution. Georgia’s zero-tolerance law for underage impaired driving imposes a far stricter limit a teenage drivers and 20-year-olds.
Police officers can arrest underage motorists for a BAC of 0.02% or higher. Someone who had one or two drinks could have a BAC high enough to violate the zero-tolerance law. That young driver may then face long-term consequences for a simple mistake.
Contrary to what many youthful defendants expect, there is no promise of lenience just because they have no prior record and their offense didn’t involve injury to others. Some judges want to teach young adults a harsh lesson so they don’t repeat the same mistake. Other judges want to make an example of underage impaired drivers to deter others.
Instead of pleading guilty and risking whatever penalties a judge decides to impose, fighting DUI charges is often the best option. Underage drivers and their parents may need help establishing a viable defense strategy for DUI charges that result from Georgia’s zero-tolerance underage DUI statute.