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Alcohol-impaired driving and crash claims

Last updated . Sources checked

Contents
  1. The Georgia offense
  2. What alcohol can change
  3. Reading criminal and civil records
  4. Related entries
  5. References

Alcohol-impaired driving concerns a driver's ability to operate a vehicle safely. NHTSA describes alcohol's effects on judgment, coordination and reaction. In Georgia, the criminal driving-under-the-influence statute and a civil claim for crash losses address different legal questions.[1][2]

The Georgia offense

Georgia prohibits driving under the influence of alcohol to the extent that it is less safe to drive. The statute also establishes a separate prohibited alcohol concentration of 0.08 grams or more for drivers generally, with different provisions for drivers under 21 and commercial vehicles. The less-safe provision means the inquiry is not limited to one numerical threshold.[2]

What alcohol can change

NHTSA explains that alcohol affects functions needed for driving even at levels below 0.08. Its safety guidance describes effects on divided attention and vehicle control. A legal limit is therefore not a medical assurance that a person below it is unimpaired or able to drive safely.[1]

Reading criminal and civil records

An allegation of DUI should be identified as an allegation rather than presented as a conviction. The statute defines prohibited driving conduct; it does not itself calculate an injured person's losses. A civil account still needs to explain the collision and the losses claimed rather than substituting a criminal label for those facts.[2]

References

  1. ab Drunk driving and impairment. National Highway Traffic Safety Administration. https://www.nhtsa.gov/risky-driving/drunk-driving. official. Checked . Source record
  2. abc O.C.G.A. 40-6-391: impaired driving. Justia. https://law.justia.com/codes/georgia/title-40/chapter-6/article-15/section-40-6-391/. independent. Checked . Source record