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Under Georgia law, a person who is operating a vehicle under the influence of drugs or alcohol is guilty of a violation of O.C.G.A. Sec. 40-6-391. In most cases it will be presumed that the person who was DUI was also At Fault for the accident. However this is a presumption that could be challenged under certain facts. For example, suppose a drunk person is stopped in traffic and they are rear ended by a non-drunk person. In such a case the drunk person would probably be charged with DUI and the non-drunk person would be charged with being at fault for the accident.

Added; Answering the question as it is literally written - it is not enough to "know" that a person is DUI, it must always be PROVEN that the person was DUI in order to sustain the charge.

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Q: Does a driver who is known to have been drinking and or under the influence always considered at fault in an accident?
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