re: Whale Whale Whale- Etienne was UNDER the legal limit

The legal limit in GA for someone under the age of 21 is .02. Being under 21 is not a lesser charge. If he's under 21, he can also be charged with underage possession.

There are two DUI charges under 40-6-391 O.C.G.A.

One is for less safe. The other is for per se (over the limit). Neither is a greater charge than the other. They carry the same penalties, and a person is often charged with BOTH.

If he refused the tests, there wouldn't be a BAC thus no per se charge; however, refusing the tests is an automatic license suspension for one year.

If the officer requested a blood test, the results would not be available at the time of arrest. The blood is sent to the GBI Crime Lab for testing.

DUI is also more than alcohol. A driver who is stoned but not drunk wouldn't get the per se charge at the time of arrest. A charge of DUI drugs would be added once the lab results return.