Q: I was in a Marietta accident. The other driver seemed to be drunk but his blood alcohol content was less than 0.08%. Is it still a DUI case?
A:The government will decide whether or not to bring a criminal DUI case against the driver who caused the accident. In Georgia, a driver may be charged with a "DUI less safe" if the driver was impaired by alcohol or drugs and had a blood alcohol content of less than 0.08%. If the driver's blood alcohol content was 0.08% or higher, then the driver would be charged with a DUI per se.
If you have been hurt in an accident with a drunk driver, then you have the right to bring a civil case, regardless of whether the state of Georgia brings charges against the other driver. Your Marietta auto attorney will review the facts of the case with you and if the other driver was impaired by alcohol or drugs, then that may become an important part of your civil case.
For more information about your rights, and potential legal recovery, please call a Marietta car accident lawyer at 1.770.518.1133 and read our free e-book, Four Common Mistakes That Will Ruin Your Georgia Car or Truck Claim.