Georgia's DUI Less Safe and DUI Per Se Statutes

Facing a DUI charge in Georgia can be overwhelming, especially when considering the different laws that apply. The state has two primary DUI statutes: DUI Less Safe and DUI Per Se. Understanding their distinctions, legal implications, and potential defenses is crucial for anyone charged under these laws. At The Ozer Law Firm, our experienced criminal defense attorneys are dedicated to helping clients navigate these complexities. Below, we’ll outline what these charges mean, the penalties they carry, and how an attorney from The Ozer Law Firm can make a difference in your case.

What Is a DUI Less Safe in Georgia?

Georgia’s DUI Less Safe statute allows law enforcement to charge drivers with a DUI even when their blood alcohol concentration (BAC) is below the legal limit of 0.08%. This law applies when a driver’s ability to safely operate a vehicle is impaired due to alcohol or drugs, regardless of whether a chemical test is conducted or refused.

Common Scenarios Leading to DUI Less Safe Charges

This type of charge often stems from a combination of evidence that suggests the driver’s impairment. Common situations include:

• Erratic Driving: Swerving, speeding, or failing to maintain a lane.
• Field Sobriety Tests: Indicators such as poor balance, slurred speech, and trouble following instructions during the test.
• Behavioral Observations: Slurred speech, staggering gait, or the smell of alcohol on your breath.
• Drug Use: Impairment caused by prescription, over-the-counter, or illegal substances.

Under O.C.G.A. § 40-6-391(a)(1), a person is guilty of DUI Less Safe if they are “under the influence of alcohol to the extent that it is less safe for the person to drive.” Whether or not you take a breath, blood, or urine test, you can still face this charge. Refusing such tests, while legally allowed, can result in an automatic license suspension and stronger evidence for a DUI Less Safe charge.

What Is a DUI Per Se in Georgia?

Unlike DUI Less Safe, a DUI Per Se charge directly relates to your BAC level. It applies when a driver’s BAC meets or exceeds 0.08% within three hours of being in control of a vehicle. 

According to O.C.G.A. § 40-6-391(a)(5), you are guilty of DUI Per Se if a chemical test shows your BAC meets or exceeds the legal threshold of 0.08%. Unlike Less Safe charges, DUI Per Se relies purely on BAC results as evidence of impairment.

Defenses Against DUI Less Safe and DUI Per Se Charges

If you’ve been charged with either DUI Less Safe or DUI Per Se, having the right defense strategy can significantly impact your case. Here are common defenses used by our skilled Savannah DUI attorneys:

1. Challenging Field Sobriety Tests: Field sobriety tests are subjective and can be improperly administered.
2. Questioning Breathalyzer Accuracy: Breathalyzer machines must be calibrated and operated correctly to provide reliable results.
3. Medical Conditions: Certain medical conditions (e.g., diabetes) can lead to false BAC readings.
4. Lack of Probable Cause: Officers must have probable cause to conduct a traffic stop or request chemical testing.

What to Do If You’re Charged With a DUI in Georgia

Getting charged with a DUI can be a life-altering experience, but taking immediate action can improve your chances of a favorable outcome. Do not self-incriminate, politely exercise your right to remain silent until you have legal representation. Document everything by taking note of the events leading up to your arrest, such as officer behavior or procedural errors. Representing yourself is risky; an experienced DUI attorney knows how to fight for your best interests.

A competent DUI attorney can help you by assessing your case, negotiating with prosecutors, and advocating for reduced penalties or case dismissal. The Ozer Law Firm specializes in DUI cases and has a track record of achieving positive outcomes for clients in Georgia.

Why Hiring a Criminal Defense Attorney Is Crucial

Facing DUI charges in Georgia, whether it's DUI Less Safe or DUI Per Se, involves complex laws that can significantly impact your future. You shouldn't leave your rights and record to chance. If you've been arrested for a DUI, reach out to The Ozer Law Firm right away.

Our experienced team will carefully guide you through the legal process, helping you understand the charges against you and building a strong defense specifically tailored to your situation. We're here to protect your rights, your record, and your future.

Contact The Ozer Law Firm today to schedule your consultation. Let's work together to fight for the best possible outcome in your case.