OCGA 40-6-391: DUI Less Safe Laws & GA DUI per Se Explained

By: Cory Yager, Former Police Officer and now a veteran Georgia DUI Lawyer (with top lawyer ratings) and a Legal Book Co-Author on GA DUI Laws, as found in OCGA Section 40-6-391

When people are arrested for driving under the influence in Georgia, many will research the Official Code of Georgia Annotated (O.C.G.A.) section listed on their traffic ticket for their drunk driving charge. One of the most common charges is DUI Less Safe under OCGA 40-6-391, which means a driver is accused of being impaired based on officer observations rather than a BAC test result.

The accused driver facing an OCGA DUI in Georgia first offense sees this general language: OCGA 40-6-391 (plus other parenthetical information, which is identifying what TYPE of DUI in Georgia is being charged).

For the first time in their lives, accused citizens want to know how the Georgia DUI law is worded, and they seek to read the words of the DUI laws in Georgia, to see if they have violated the impaired driving law. Some Georgians facing DWI (driving while intoxicated) charges type in “what is DUI less safe Georgia,” or just “DUI Georgia”, or possibly “first offense DUI.” This page gives answers to most of the questions about Georgia DUI.

Georgia DUI Laws Are Among the Nation’s Toughest

The state of Georgia has had very tough DUI laws for over half a century, The state of Georgia has had very tough DUI laws for over half a century. These various provisions set forth what constitutes criminal acts of intoxicated driving or drugged driving.

The last major change to GA Code Section 40-6-391, which defines OCGA Less Safe DUI laws, occurred in 2001 under Gov. Roy Barnes. The Georgia DUI law was amended to lower the permissible BAC level for adult drivers (not operating a commercial motor vehicle) to 0.08 grams percent, as shown in subsection (a)(5) below. In addition, especially for repeat DUI offenders, the Georgia Legislature (in 2001) boosted minimum, mandatory punishments such as community service hours and minimum jail time, with dramatically higher DUI penalties.

The CMV (commercial motor vehicle) drivers are held to a lower BAC level of 0.04 grams percent “legal limit” for DUI-alcohol per se, under subsection “i” shown below. The CDL plastic license allows driving in other types of vehicles, but no person can legally operate a commercial motor vehicle without the proper classification of CMV license in his or her possession.

Following a similar theme, drivers under age 21 must comply with a more restrictive BAC level of 0.02 grams percent, under subsection “(k)(1)” below. The DUI-alcohol per se limit for underage drivers means that one drink can potentially create a DUI over the legal limit charge.

Georgia’s statute on DUI law outlines the numerous WAYS a person can be found guilty of drunken driving under OCGA 40-6-391: a person can be convicted of DUI Per Se (based on BAC results) or DUI Less Safe (based on officer observations). Both carry the same penalties in Georgia. If you’re specifically facing a DUI Less Safe charge, visit our detailed guide on Understanding DUI Less Safe for an in-depth breakdown of this charge, defenses, and penalties.

Our DUI lawyer GA team of DUI experts has added bracketed and added BOLD print about information for the two most commonly-accused Georgia code subsections under our state’s Georgia DUI laws: DUI-alcohol less safe and DUI-alcohol per se.

.DUI With Child in Car or Child Endangerment

OCGA Section 40-6-391, subsection (l) is the Georgia code section calling for an additional child endangerment DUI to be added to drunk driving charges, for each child under age 14 that was in the vehicle when the DUI arrest occurred. See wording of this child endangerment law, above.

If the driver is convicted, the law states that any endangerment counts cannot be “merged” (not placed on the criminal history as separate charges). So, with several “underage” children as passengers, as defined by this DUI statute, you can face enough DUI charges to take away your right to drive for years – after you get out of jail.

Searching for a DUI Attorney Who Is Known for Getting Top Results?

If accused of driving under the influence in Georgia, ask other lawyers (in ANY practice field) for names of the best Atlanta DUI lawyer. For any criminal defense attorneys who have practiced for 15 years or more, it will most often be William C. “Bubba” Head.

GA DUI lawyer Bubba Head is well-known around the country as Georgia’s best-known DUI lawyer. His law partners have been with him since their law school days, with a combined four decades of work dedicated to being the DUI attorneys near me that win cases.

Charged With DUI Less Safe? You Need an Experienced Georgia DUI Attorney

Bubba and his two law partners represent celebrities, sports figures, politicians, and anyone else who has TOO MUCH TO LOSE TO PLEAD GUILTY! Bubba Head has won thousands of tough DUI-alcohol and DUI-drug cases for over more than 4 decades, and 95% of those clients are people just like you.

Call 46-year veteran DUI lawyer Atlanta Bubba Head today and get honest answers to all your questions. 404-567-5515. The call is FREE, the legal advice is FREE, and the lawyer consultation is FREE. Everyone that consults with us gets a FREE PDF copy of Bubba Head’s DUI Book, which is 430 pages