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:

1. You were dri­ving or had actual phys­i­cal con­trol of the vehicle;
2. Your alco­hol test result was above 0.08 grams per­cent; and
3. The alco­hol was con­sumed prior to or dur­ing driving