I have always been a little confused by this code section and was wondering if someone could clarify. Part one provides the exception for self defense but I was not sure if the exception was still valid if someone was in violation of 2 & 3.GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.
*** Current through the 2007 Regular Session ***
TITLE 16. CRIMES AND OFFENSES
CHAPTER 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY
ARTICLE 4. DANGEROUS INSTRUMENTALITIES AND PRACTICES
PART 3. CARRYING AND POSSESSION OF FIREARMS
O.C.G.A. Â§ 16-11-134 (2007)
Â§ 16-11-134. Discharging firearm while under the influence of alcohol or drugs
(a) It shall be unlawful for any person to discharge a firearm while:
(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
(2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or
(3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
HISTORY: Code 1981, Â§ 16-11-134, enacted by Ga. L. 1995, p. 139,
Basically if you clearly shoot in self defense with a BAC higher than .08 or with trace metabolites of a controlled substance in your system are you still afforded the exception of part 1 that allows the discharge of a firearm "in the defense of life, health, and property;" ? I'm probably failing to read this correctly, but it seems convoluted.