Georgia DUI Less Safe

Many people believe that the only way you can be charged with driving under the influence (DUI) in Georgia is if you test over the legal blood alcohol content (BAC) limit; however, this is not the case. A person may be charged with a DUI less safe offense if the prosecution can prove that he or she was a less safe driver due to the consumption of alcohol.

In all 50 states, operating a motor vehicle with a BAC of .08% or more is against the law. Even if you do not display any signs of impairment, you could be charged with “per se” DUI for testing over this legal limit. The per se limit is much lower for underage drivers (.02%) and commercial drivers (.04%).

You could be charged with a DUI even if your BAC is below the legal limit. If the arresting officer believes that your driving abilities were impaired, you could be charged with DUI “less safe” offense. Erratic driving patterns and behavior indicating that your mental and physical abilities were impaired due to alcohol consumption may be used as evidence to prove that you were a less safe driver and lead to a drunk-driving arrest.

Much of the evidence in a DUI less safe case is subjective, which makes it easier for a defense attorney to challenge it. The officer’s observations of red eyes and slurred speech could be attributed to a number of things, such as illness or lack of sleep. Your performance on the field sobriety test could also be affected by physical disabilities and the condition of the road that you performed the test on.

The penalties for a Georgia DUI less safe conviction could include a minimum 24-hour jail sentence, community service, large fines, and a one-year driver’s license suspension. Repeat offenders face an even tougher sentence. If you were involved in an auto accident or were transporting a child at the time of your arrest, you could face increased penalties as well as additional charges.

Attorney Greg Willis has helped thousands of clients successfully resolve their DUI cases. Thanks to his extensive training on the field sobriety tests and defense techniques, he has the skill to help you overcome your DUI less safe charge.

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