Georgia DUI Less Safe

Driving under the influence is a serious crime in the United States. As a way to stop as many drunk driving-related accidents as possible, the federal government decided to step in. Known as a DUI “per se,” the federal government has made it illegal for drivers in every state to operate a motor vehicle with a blood alcohol content of .08% or higher. With the help of scientific studies, they found that this is the blood to alcohol ratio that affects the average driver’s ability to safely operate a motor vehicle.

As a licensed driver in the state of Georgia, you’re probably well aware of the DUI “per se” law. However, did you also know that you can be arrested for driving under the influence with a BAC below this limit? Shocking though it may be, this is actually a law and it is known as a DUI “less safe” violation.

To be arrested for a DUI “less safe” violation, a police officer must have observed you committing a traffic violation, such as speeding or swerving in and out of your lane. Once the officer begins to speak with you, if he or she notices any signs of impairment, they may begin a DUI investigation because they have probable cause to believe you were driving under the influence. At this point, the officer will ask you to take a breathalyzer test so your BAC can be determined. Even if your breath test result is below .08%, the officer may still arrest you for a DUI “less safe” violation.

But that’s not the only catch. Because the state of Georgia classifies DUI “per se” and DUI “less safe” as two different offenses, it is possible for a person to be charged with both crimes. Whether you are charged with DUI “per se” DUI “less safe” or both, the penalties are severe. Even if this is your first offense, you will still face expensive fines, loss of driver’s license and even mandatory jail if you are convicted.

This is why it’s so important to contact an experienced DUI defense attorney. During your consultation, your attorney will explain to you that there are ways to fight a DUI and avoid a conviction.

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