O.C.G.A. § 40-6-391(a)(5)
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended.
Elements of the charge:
The prosecutor must prove beyond a reasonable doubt:
- You were driving or had actual physical control of the vehicle;
- Your alcohol test result was above 0.08 grams percent; and
- The alcohol was consumed prior to or during driving