DUI Less Safe in GA

By: Super Lawyer Cory Yager, Atlanta DUI lawyer and an ex-police officer for almost a decade talks about DUI less safe

In Georgia, DUI less safe in is a type of driving under the influence charge which a person can be charged with DUI if suspected that drugs or alcohol have made them “less safe to drive.” Authorities can arrest a person even if their blood alcohol concentration (BAC) is below the legal limit of .08.

Also, unlike other states, the punishments for different ‘degrees’ of DUI don’t exist. In other words, the penalties for a DUI less safe are the same as a first-offense DUI, for someone who is ‘over the legal limit, including license suspension.

All of this means that, if charged with DUI less safe in Georgia, you need the best DUI attorney right away. Read on to understand DUI less safe.

Introduction to DUI Less Safe

What Does DUI Less Safe Mean?

DUI less safe means the driver was seen as “less safe” to drive after using drugs or alcohol, compared to their behavior before using drugs or alcohol.

Georgia DUI law uses the term “less safe to drive” when describing the crime of an impaired driver charged with drunk driving in Georgia.

Authorities can charge you with DUI less safe even if you refuse the blood test or forensic breath test. Hence why police sometimes call these cases “DUI less safe refusal” cases. Also, with DUI less safe, your blood alcohol content (BAC) doesn’t have to be .08 or higher to be charged with DUI.

For DUI less safe, officer observation is enough to charge you with this type of DUI. Behaviors which may alert officers are spoken about below.

Overview of DUI Laws in Georgia

Georgia DUI laws only requires that the targeted driver have actual physical control of a motor vehicle. It can be parked with the ignition off or the vehicle can be wrecked and no longer functional.

Understanding OCGA Less Safe

As defined by the Official Code of Georgia (OCGA), DUI less safe means that the person is “less safe” (too impaired) to drive when under the influence of alcohol, drugs, or ‘other intoxicating substances.’

• For DUI less safe and alcohol: the person must not be under the influence ‘to the extent’ that it makes someone unsafe to drive
• For DUI less safe drugs, this can be illegal drugs, prescribed medications, or over-the-counter drugs. (A valid prescription does not stop someone from facing charges of DUI less safe.)
• “Other intoxicants” include aerosol, glue, or other toxic vapors.

You can find the full DUI less safe statute in OCGA 40-6-391.

Charging Someone With DUI Less Safe

To charge someone with DUI less safe, the prosecutor doesn’t have to rely on the BAC of the driver. The ‘extent’ to which someone is ‘less safe’ to drive concerns the police officer’s observations of the individual. Examples:

• Erratic driving
• failing a field sobriety test
• slurred speech, breath smells like alcohol, stumbling etc.

This can happen before police pull you over, on the roadside, or at a DUI checkpoint. Those checkpoints are usually (not always set up to catch impaired drivers.

Is DUI Less Safe a Felony?

Generally, no. A DUI less safe is usually classified as a misdemeanor in Georgia.

Potential Penalties of a DUI Less Safe Charge

The penalties outlined below are similar to a first-offense DUI.

• License Suspension: A one-year license suspension will occur. However, most Georgia licensees can get an immediate limited permit. Reinstatement is possible after 120 days.
• Community Service: 5 days of community service (40 hours), on a first offense DUI, and 30 days of community service is mandated (240 hours) for a DUI 2nd offense.
• Jail: 24 hours in jail are required for any DUI conviction in which the driver had a BAC level of 0.08 grams percent alcohol in his or her system.
• Probation: 12 months mandatory, minus any jail time served.
• DUI school: Risk Reduction course (DUI classes) lasting for 20 hours.

Why you need to immediately hire a drunk driving lawyer near me. The Georgia Department of Driver Services (GA DDS) is also involved in most DUI cases, since GA implied consent laws operate to suspend or revoke a person from driving (depending on his or her driving record), if a DUI refusal has occurred.

Because many refusal cases require that an ignition interlock device be installed and the GA DDS permit issued before the 30 days elapses.

Even when you have taken the post-arrest test, and were “over the legal limit,” a DDS GA appeal is needed within the thirty (30) days after the arrest for DUI. DO NOT WAIT to call us.

DUI Less Safe vs. DUI Per Se

A second type of driving under the influence case is added to your charges. This is called a DUI per se, or “driving with an unlawful alcohol concentration.” The DUI per se happens when you take the post-arrest implied consent test. Law enforcement must take these chemical tests (blood, breath, urine) within three hours after driving ends.

More information about DUI per se is located in the Georgia DUI statute, under O.C.G.A. 40-6-391 (a)(5)

Conclusion: Navigating Your DUI Less Safe Case

The average citizen facing a DUI traffic ticket has no idea about how the best DUI lawyers near me go about winning DUI cases. Fear of the unknown can be a powerful enemy. Knowing how to get out of a DUI is a key skill for any criminal defense attorney.

Here are three main reasons why getting someone out of a DUI is important:

1. People facing traffic citations for DUI misdemeanor charges are often law-abiding citizens with an impeccable prior history and a compelling need to hire the best attorneys nearby for their DUI defense. Their job, their family and (in large part) their future hangs in the balance.
2. Unlike most serious felony charges, like burglary, armed robbery, murder, aggravated assault, and aggravated battery, public defenders usually handle these cases. Defendants often do not have enough money to hire private lawyers.
3. Over 80% of all DUI clients seeking an Atlanta DUI attorney from our litigation team are facing their first offense DUI.

Usually, our affordable DUI attorneys near me will be able to find a non-DUI solution for those offenders in the Atlanta traffic court or one of the other metro Atlanta area municipal courts or state courts. Another silver lining is that these 1st offense DUI case resolutions (by negotiating a plea to a lesser charge) do not require a trial in 9 out of 10 instances, which is what most accused citizens want.

Our three award-winning partners invite you to compare the backgrounds and credentials of Georgia criminal attorneys. You can look at them side-by-side. This comparison considers their career achievements and awards in the legal field.

For example, all three legal professionals at our DUI law firm are DUI law book co-authors, which is unique in Georgia and possibly in all of America. Plus, between the 3 of them, they have 35 Super Lawyers’ recognitions.

Do I Need a DUI Lawyer? Searching for The Best Attorney in GA for DUI Less Safe Case

Yes. After being arrested for DUI, you need to focus on winning your DUI case and avoiding the short and long term penalties and consequences that come with a DUI charge, whether DUI less safe or DUI per se. You can’t do this alone.

Some people foolishly try to self-assess their chances of winning the DUI in GA. The operable word here is “FOOLISHLY.” Just reading TRUE DUI case histories with from three of our previous criminal trials will dissuade you from thinking that you have no chance to beat a DUI in court:

(1) BAC levels triple the alcohol legal limit, or

(2) with a DUI refusal and failing all three NHTSA field sobriety tests, or

(3) another drunk driving case report of a DUI checkpoint with a Intoxilyzer breath test double the legal alcohol limit,

The best DUI lawyers in Atlanta, Georgia will offer you a FREE attorney consultation, explain how their criminal defense attorneys review your full history (e.g., finding out what medical conditions you may have that are relevant), ask about all DUI case facts, explain our attorneys’ fees and payment plans, and tell you how we will implement a game plan for winning.

Call ex-cop Cory Yager or AVVO superstar Larry Kohn, for a FREE lawyer consultation.

Our three Georgia Super Lawyers aggressively represent clients accused of committing crimes through filing and arguing suppression motions.

Limit your search to a lawyer for DUI who has achieved legitimate legal industry excellence attorney ratings, and who possesses a track record of proven drunk driving defense results on knowing how to beat a DUI.

Call a Georgia DUI lawyer with our law firm NOW, 24-7, for an initial criminal case review and to obtain FREE legal advice: 404-567-5515 or email our criminal justice lawyers at intake@criminaldefensematters.com.

Highly Searched Links to Related Topics:

GA DDS-Protecting against Driver’s License Suspension under Implied Consent

Constitutionality of DUI Checkpoints in Georgia

BAC Chart for Alcohol Level by Weight and Number of Drinks

Field Sobriety Test Myths and Misconceptions

What Does DUI Mean?

How to Beat a DUI in Court

Wording of the Entire Georgia DUI Less Safe Code Section

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