A Primer on Legal Limits in Georgia
In the state of Georgia, legal limits are put in place regarding a number of issues. But one of the main areas where legal limits are commonly enacted by the state is in blood alcohol levels during operation of a vehicle. In Georgia, these legal limits, which outline the maximum permissible blood alcohol content (BAC) of drivers, are designed to help prevent accidents and injuries due to impaired driving.
The legal limit for BAC in Georgia is generally 0.08 percent. If a driver’s BAC is determined to be at or over that level, they can be charged with driving under the influence of alcohol. This limit, however, is different for other types of vehicles . For example, it is 0.02 percent for drivers of commercial motor vehicles, and 0.04 percent for drivers of commercial buses and vehicles carrying more than passenger for hire. For first-time DUI offenders, depending on their BAC and current charge, a DUI first conviction can result in a fine up to $1,000 and/or not more than one year in jail.
Georgia law also states that a landlord can not lease a rental dwelling to a person who is registered as a drug offender or sex offender, unless the person has been granted permissible use by a local governing authority, executive officer of the Department of Corrections or the Department of Community Supervision.
Driving Under the Influence and Blood Alcohol Concentration Limits in Georgia
Georgia enforces legal blood alcohol concentration (BAC) limits that apply to all drivers. The current standard BAC limit is 0.08 percent for drivers fully 21 years of age and older. Drivers found to have a BAC over that threshold are considered "per se" under the law to have been intoxicated, and are subject to penalties under the law including automatic license suspension of 30 days or more, fines and often jail time.
For commercial or school bus drivers, the BAC limit is much less restrictive, at just 0.04 percent. A commercial motor vehicle driver with a BAC of 0.08 percent can be charged with a DUI in some states.
The BAC limit for "minor drivers," or those younger than 21, is zero in Georgia, as it is in most other states. Underage drinking is a crime on its own in Georgia. Although it’s usually only a misdemeanor, it nevertheless contributes to the drunk driving problem, and is treated less harshly than drunk driving by the courts.
A driver who is under 21 years old and is at 0.08 percent BAC has committed two offenses—underage drinking and DUI—and is therefore subject to penalties for each. The same is true for commercial motor vehicle drivers who are found at 0.08 percent BAC.
In Georgia (and most other states), you are not free to just wait until you’re sober to drive home. You can get in trouble for DUI even after drinking in someone’s home. When it comes to DUIs, there are no safe choices. If you’re going to drink, don’t drive. If you’re going to drive, don’t drink.
Speed Limits and Other Traffic Rules in Georgia
Under Georgia law, the speed limit on highways and freeways is between 55 and 70 miles per hour. For example, the speed limit on the Interstate is 70 mph. Typical speed limits in rural areas may vary from 65 to 70 mph. The legal speed limit through cities is typically between 35 to 40 mph, with a maximum of only 55 mph. Most cities have posted speed limits of 25 mph in residential areas. School zones are generally set at 25 miles per hour. These maximum speed limits are often lowered during periods of heavy pedestrian traffic, such as the beginning or ending of the school day when cars and buses are coming and going.
Of course, radar and other electronic devices are used by law enforcement throughout Georgia to detect speed limit violations. There are also "speed traps" in which law enforcement will look for speed limit violators in a certain area for a particular time and issue citations to violators. Penalties for speeding can range from a ticket to a misdemeanor conviction that results in the loss of license. Fines vary among jurisdictions but if driving at a speed faster than 30 miles per hour above the posted speed limit, a citation for reckless driving and a minimum fine of $250.00 is possible.
Certain highway safety features must be observed at all times. For example, per O.C.G.A. § 40-6-16, you must always yield the right-of-way to authorized emergency vehicles. A wide variety of other traffic rules apply as well.
Controlled Substance Legal Limits in Georgia
Understanding the legal limits: Possession and use of controlled substances in Georgia
In the state of Georgia, the law (§ 16-12-190(a)) establishes that up to one ounce (28.35 grams) of marijuana is considered a misdemeanor to possess. Individuals caught with this amount may face up to one year in jail and/or a fine of up to $1,000.00. If the amount possessed exceeds 28.35 grams and is less than 5 kilograms (11.02 pounds), the individual may face a felony charge if a majority of the following conditions are met: whether there was a significant increase in the number of criminal offenses when such crimes were decriminalized or otherwise became less severe, the approximately normal penalization for the crime, and the proportion of cases utilizing prosecutorial discretion.
For any amount greater than 5 kilograms or equal to less than 5 to 10 kilograms, the offender may face 5 to 10 years in prison and fines ranging from $25,000.00 to $100,000.00, according to § 16-13-31(e). Possessing an excess of 10 kilograms can result in 10 to 30 years of imprisonment and fines from $100,000.00 to $1,000,000.00.
Under another statute, § 16-13-28(a), it is illegal for any person to sell, deliver, distribute, manufacture, or possess with the intent to sell or deliver certain drugs known as Oxycontin. Charges and penalties are determined based on the amount of Oxycontin substance involved, with less than 28 grams resulting in one to ten years in prison and/or fines not exceeding $5,000.00. More than 28 grams but less than 200 grams may result in 5 to 30 years and up to $10,000.00. More than 200 grams but less than 400 grams may result in 10 to 30 years and up to $20,000.00. More than 1,000 grams but less than 2,000 grams may result in 15 to 30 years and up to $300,000.00. More than 2,000 grams but less than 5,000 grams may result in 20 to 30 years and up to $600,000.00. More than 50,000 grams may result in 25 to 30 years and up to $1,000,000.00.
One should note, however, that these laws are not equal across the board. For instance, Georgia law (§ 16-13-71(c)) does not consider marijuana "illegally possessed" if the person with the marijuana has a valid Medical Marijuana Use Registry Card issued pursuant to § 16-12-191. The card is available for persons diagnosed with a debilitating medical condition that is verified by an authorized functionary. Other exceptions also exist for various "legal" controlled substances. There are, however, no exact limits on which illegal substances such as cocaine, heroin, mushrooms, or meth. All of these substances are listed under separate classifications as Schedule I to Schedule IV in Georgia law. While some Schedule I or Schedule II drugs may carry extremely high limits in other states; such as 100 grams or 100,000 units, Georgia law does not carry similar standards. A zero-tolerance standard is typically used across all Schedule IV drugs.
Maximum Age-Specific Legal Limits in Georgia
Georgia has strict laws regarding the minimum legal ages for many activities. The legal drinking age in Georgia is 21 years old. The exception to the rule is; a person may possess or consume alcohol on licensed premises when accompanied by a parent, spouse, or guardian who is over 21, or when he or she is under the direct supervision of their parent, spouse or guardian.
The legal age to purchase tobacco products in Georgia is 18 years old. Like alcohol, minors may possess or purchase tobacco products if accompanied by a parent, spouse, or guardian who is of legal age . This law carries a penalty of up to $300.00 in fines and/or up to 12 months in jail.
In Georgia, the legal age for consent – that is, the age at which a minor may consent to his or her own marriage – is 14. However, a 14-year-old must have permission from his or her parent or legal guardian. If a minor under the age of 18 attempts this without a parent’s consent, he or she faces a $100.00 fine. If one parent is out of state, the sibling of the minor may provide consent. Georgia law considers a minor’s own pregnancy as parent-like consent, and as such, no further consent is necessary.
Consequences of Illegal Limits in Georgia
Exceeding any legal limit in Georgia, not just weight limits, can have significant implications beyond the immediate issue at hand. Legal thresholds are generally set with a substantial margin for safety to account for human and technological error—or in the case of truck weight limits, to reflect the tolerances of both the scales themselves and their operators. The penalties for exceeding these limits are therefore structured commensurately. However, in some cases, exceeding a legal limit can expose you to additional restrictions on your business, legal costs, lost time and taint your reputation.
In most civil legal contexts, when a limit is exceeded, there are financial penalties, such as fines or cost recoveries, and procedural indignities, such as equipment impounds, confiscations or temporary bans from certain activities. However, in some very serious instances, exceeding a legal limit can lead to jail time or ruinous civil judgments. In some circumstances, there may even be collateral damage.
For example, to take one of the most common instances of exceeding a legal limit in Georgia, let’s look at the financial and procedural damages that may result from violating weight limits:
- Equipment impounds—if a truck is overweight or over-length, the truck may not be allowed to carry on transporting loads, or it can be impounded until it has been brought within legal limits.
- Excessive costs—sometimes, the carrier is forced to pay a fine, but then must pay for a "rebalance," which means shifting the weight from the loaded trailer to another trailer or dumping some of the load, to bring the truck back to legal limits.
- Replacements—if a trailer is damaged as a result of being noticeably overloaded, such as where a trailer sags in the middle or at the rear, it may have to be replaced.
- Damaged equipment—if the truck itself is overloaded, like with too heavy of a load in the tractor, it may have to be repaired as well, meaning engine damage from a jumped tooth, for example.
These financial costs are often compounded by indirect costs, such as downtime or public relations expenditures. Trucker downtime means lost revenue—and what company wants to deal with an uninsured truck caught under the excessive weight?
Staying Within Legal Limits
One of the best ways to avoid legal trouble and stay within legal limits in Georgia is to stay informed about the laws in your area. Familiarize yourself with the rules that pertain to driving, alcohol consumption, and the usage of recreational drugs to ensure that you’re not violating any statutes or ordinances without realizing it.
When it comes to driving, residents should understand state driving laws as well as the local ordinances governing the section of the state in which they live or work. In general, always follow the posted speed limit, come to a full stop at stop signs and regularly check your blind spots before changing lanes or making a turn. Be mindful of pedestrians and cyclists, as Georgia has strict laws that protect both on public roadways.
If you plan to consume alcohol , do so in moderation and be aware of the limits on drinks per hour to ensure that you’re able to remain within the legal limit for blood alcohol content (BAC) when driving. While many Georgia residents have experienced no consequences from driving after a few drinks, laws against driving over the legal blood alcohol limit are strictly enforced by law enforcement throughout the state. If you’re unsure whether you’re below the limit, don’t take chances. Take a taxi home or call someone who hasn’t been drinking for a ride.
Although Georgia’s laws governing legal drugs like marijuana are more lenient than other states, it’s still illegal to use or to possess a drug that’s not prescribed to you. Even with a legal prescription, certain rules must be carefully followed in order to remain within the law. Again, just as with alcohol, if you’re not sure whether you’re okay to drive, it’s better to be safe than sorry.