Driving with a BAC of 0.08% or above is what is known as a DUI per se. Under Georgia law, it is illegal to drive with a BAC of 0.08% or above regardless of whether or not your driving abilities are impaired. As a result, arguing that you were driving safely will not protect you against a conviction. However, you may be able to successfully defend against your DUI charge by challenging the validity of your breathalyzer test result.