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As a criminal defense and DUI defense attorney in Atlanta, Georgia, many people ask me how to avoid being charged with a DUI. You probably already know the easy answer to that question but what can you really do?

Let me start by saying I have never promoted drinking and driving and I never will. However, it’s not against the law to drink and drive unless you are less safe to drive as a result of being under the influence of alcohol or you are over the legal limit as defined by Georgia law. Different rules apply to drivers under the age of 21.

So how can you avoid being charged with a DUI? If you have never been arrested for DUI, you can prevent the chances of that happening by knowing your limits regarding alcohol consumption. There are many ways to do that, but it’s a simple calculation based on how much you weigh and how much you drank over a specific period of time. Alcohol consumed over time eventually dissipates out of your system. Once you know how much you weigh and how much alcohol you consumed over what period of time, you can estimate your blood alcohol concentration. For example, a 165 lb. male that consumes four twelve-ounce beers within a one-hour period would have a breath alcohol concentration of approximately .08, which would be in violation of the law. Two twelve-ounce beers in a one-hour period would be approximately .04 and would suggest the person was presumed not under the influence. Different weights of the individual and the time frame in which the alcohol was consumed will affect the concentration. Food and other factors can also affect the alcohol concentration.

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