Today kicks off the national "Over the limit, Under Arrest" crackdown on drunk driving during the holidays, which runs from December 16 to January 3. Releasing new data on drunk driving fatalities, Transportation Secretary Ray LaHood commented, "Drinking and driving is dangerous and unacceptable, and I'm asking law enforcement to stay vigilant during this busy holiday season. According to the new data, the rate of Georgia motor vehicle accident fatalities related to impaired driving has continued to decrease since 2004.
Driving with a blood alcohol level of .08 or higher is illegal in all 50 states. Georgia uses traffic enforcement networks throughout the state to build the enforcement community into one team. This method has been effective and we continue to see declining death rates due to drunk driving car accidents.
However, the interesting issue in Georgia law is that the DUI laws are based on blood alcohol level not on impairment. Historically, DUI arrests were related to impairment due to alcohol or drugs. Over the past twenty years or so, the political impact of organizations such as MADD has changed the law such that an individual is violating DUI law by having a drink and driving whether he/she is impaired or not. Therefore, to avoid a DUI arrest in Georgia, the days of having a glass of wine with dinner and driving home are over.
Interestingly, this skewed DUI law has broadened the liability of business establishments who serve alcohol to patrons who then drive "drunk" (impaired or not) and are involved in an accident. At that point, the Georgia Dram shop laws come into play and the business may be held liable for the injuries suffered by the victims of the car accident.
Our firm has successfully represented victims of drunk driving accidents and recovered against bars under the Dram Shop Act. If you or a loved one are a victim of a drunk driver, we would be happy to answer any questions you may have.
