O.C.G.A.

O.C.G.A. § 38-2-1111 (2019)

Driving while under the influence of drugs or alcohol

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Any person subject to this article shall be punished as a court-martial may direct who:

(1) Drives, operates, or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance as described in subsection (b) of Code Section 38-2-1112.1; or

(2) Drives, operates, or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood is equal to or exceeds 0.08 grams of alcohol per 100 milliliters of blood, as shown by chemical analysis, within three hours after such operation or control, or the person’s breath is equal to or exceeds 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis, within three hours after such operation or control.

History

Code 1981, § 38-2-1111, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2016, p. 864, § 38/HB 737.

U.S. Code. - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 911.

MILITARY, EMERG. & VET. AFFAIRS

Annotations

JUDICIAL DECISIONS Sufficiency of indictment. - Indictment for reckless driving and driving under the influence, taken as a whole, was

sufficient. Hassell v. State, 212 Ga. App. 432, 442 S.E.2d 261 (1994).

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 273 et seq.

C.J.S. - 61A C.J.S., Motor Vehicles, §§ 1547 et seq., 1574 et seq.

38-2-1112. Under the influence of alcohol while on duty. Any person subject to this article, other than a sentinel or lookout, who is found under the influence of alcohol sufficient to impair the rational and full exercise of his or her mental or physical faculties on duty shall be punished as a court-martial may direct. History. - Code 1981, § 38-2-1112, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

U.S. Code. - For similar provision in

Uniform Code of Military Justice, see 10 U.S.C. §§ 912, 913.