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June 26, 2012

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Comments

CitizenA

So, if I understand correctly, you can legally drink and drive as long as you stay under .08. The officer can't arrest you below that limit?

DPD

That's not correct. If an officer observes a driver operating a vehicle in an unsafe manner and finds that driver to be impaired but below the .08 BAC limit, the officer can arrest that driver on a charge of "DUI-Less Safe" meaning that the driver is judged to be a "less safe" driver due to the presence of alcohol and unsafe driving, such as but not limited to crossing the middle line, speeding, etc.

MDW

I regards to "...or walk home". What constitutes a Pedestrian Under the Influence charge?

DPD

Georgia Code 40-6-95 states that "A person who is under the influence of intoxicating liquor or any drug to a degree which renders him a hazard shall not walk or be upon any roadway or the shoulder of any roadway. Violation of this Code section is a misdemeanor and is punishable upon conviction by a fine not to exceed $500.00."

Basically, this code is designed to keep intoxicated people out of harm's way as it relates to the road. If a person can't manage to walk down a sidewalk without weaving so badly that they might cause traffic problems, then that person should opt for a cab or another safe way home. Obviously, it would be safer to not become that intoxicated.

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