What is Georgia’s DUI Less Safe Law?
Drivers in Georgia often assume they will not be charged with a DUI if they blow a breath test under 0.08 blood/alcohol content. This is not true.
In some cases, drivers can be charged with DUI if their blood/alcohol concentration is less than 0.08 grams. Unlike some states, Georgia has a DUI less safe law that allows drivers who have a blood alcohol concentration (BAC) of less than 0.08 grams to be charged with DUI.
This is a strict law and it applies to alcohol, drugs, or over-the-counter medicines.
Georgia has a strict approach to DUI offenses. It lacks lesser drunk driving offenses. If you are charged with DUI less safe in Georgia, it does not mean you will receive a lesser sentence even though you were below the 0.08 BAC limit.
Georgia uses the “less safe” standard to gauge whether you were a danger to other drivers due to your consumption of alcohol or drugs.
How is Georgia’s DUI Less Safe Law Defined?
Georgia law under O.C.G.A. § 40-6-391(a)(1) states that an individual shall not “drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.”
This means you may be charged with DUI less safe if you commit a violation and you have alcohol in your system.
The prosecution must prove your driving was less safe as a result of drinking alcohol or being under the influence of a drug.
It’s not enough for the police to prove the mere presence of alcohol if you were not impaired. Typically, the police must show some violation occur be it speeding, reckless driving or failing to stop at a stop sign or you caused an accident.
To secure a conviction under Georgia’s DUI less safe law, the state must show that the defendant’s driving was impaired as a result of drinking alcohol. People’s reactions to alcohol vary. It’s not enough to show the presence of alcohol alone.
However, a chemical test is not required for a charge under Georgia’s less safe law.
The police officer’s observations during the DUI investigation may be used to bring a charge that the suspect was impaired.
Georgia’s DUI less safe law is certainly a concern for drivers in the state who are unaware of it. Many drivers think they are safe from a driving under the influence charge if they have consumed less than the legal limit for a conviction. We have often heard people saying they are safe to drive if they consumed less than two drunks. This is not always the case.
The best rule of thumb is never to drink alcohol and drive. If you have been charged under Georgia’s DUI less safe law please call our DUI criminal defense team as soon as possible at (404) 913-1529.