Georgia Criminal Defense Lawyer Blog
If you have heard the term ‘DUI Less Safe’ and wondered what it means in Georgia, this article will educate you. A DUI less safe charge can happen even if your blood alcohol level is unknown. A forensic breath test, like the Intoxilyzer 9000 used in Georgia, can reveal a BAC below the legal limit, and yet you still face DUI charges.
The focus of DUI arrests is on whether that driver is impaired. In this article, you will learn what “DUI less safe” means, the implications of such a charge, and how it differs from a D.U.I. arrest where the driver is “over the legal limit.”
However, any DUI crime arrest is at least a serious misdemeanor crime. “Less safe” DUI citations only apply when law enforcement does not collect a post-arrest forensic test after your DUI arrest, whether at the police station or another location (e.g., for a hospital blood draw). If you were cited for a “refusal to submit” to post-arrest blood or breath testing, the Prosecutor will argue that this is proof of your “consciousness of guilt.”
The good news about less safe DUI charges is that these types of charges are often easier for top-rated DUI attorneys near me to beat in court than an “over the legal limit” DUI prosecution. However, this general rule can become meaningless if police bodycam video shows a driver doing everything wrong. For example, they might talk too much, show slurred speech, or threaten to sue the officers.
With over nine decades of combined experience defending these criminal charges, why not call the law firm whose DUI law partners wrote the BOOKS on DUI law in Georgia? Our 95 collective years of criminal defense experience ONLY HANDLING CRIMINAL LAW CASES — and nothing else — can be your best hope for obtaining a non-DUI disposition.
One more IMPORTANT and TIME-SENSITIVE point needs to be made about a declining a law enforcement officer’s request for post-arrest testing is vitally important. You have only 30 days to act, or else be administratively suspended for a FULL YEAR.
Georgia licensees written up as a “refusal” with no prior DUI convictions in the past 5 years likely need to opt for installation of an ignition interlock device to avoid a 12-month total license suspension. Call for a FREE lawyer consultation now. 404-567-5515 is the number.
Understanding DUI Less Safe in Georgia
In Georgia, the laws surrounding driving under the influence stipulate that being accused of a Georgia DUI less safe offense is NOT for “being over the legal limit.” That crime would fall under a different Georgia Code section.
So, the crime under OCGA § 40-6-391 (a)(1) does not depend on exceeding the blood alcohol concentration (BAC) legal limit. A driver of adult age can face charges for a DUI less safe in GA when authorities do not collect any forensic test.
In addition, authorities can arrest and prosecute a person even if their BAC is below 0.080 grams %, provided they have other evidence of impaired driving abilities. While every case is different, the trial often presents this “proof” as the audio and video footage that police capture.
This subtle nuance in Georgia’s regulations could be surprising to some adult-age drivers who might presume they are safe from prosecution if their BAC falls short of the threshold of 0.08 gr. %. For instance, a driver may feel confident behind the wheel after only a few drinks because her or his BAC level is under 0.08 grams %.
Yet, after a minor accident crash or a simple traffic violation at night (rolling through a stop sign), an officer may have observed that “offense” and then used blue lights to stop you. This driving error can lead to checking about the questionable driving behavior.
If that driver admits having been drinking (or the officer detects the odor of alcohol or marijuana coming from inside the vehicle) or smells alcohol on your breath that motorist could still be facing allegations for a DUI less safe GA. Every case is different and knowing how to attack and defend these cases is why top-ranked legal help is critically important.
Knowing this part of Georgia DUI law is important to avoid legal problems. Seeking counsel from lawyers who specialize in defending traffic cases can offer significant advantages. Many seemingly insignificant nuances that police video reveals can often assist our legal warriors in finding ways to beat DUI less safe Georgia charges.
DUI Less Safe GA: Frequently Asked Questions
- What Does DUI Less Safe Mean?
A D.U.I. less safe charge in Georgia occurs when a driver’s ability to operate a vehicle is judged (by the investigating officer) to be impaired, even if the driver’s blood alcohol concentration (BAC) is below the legal limit. This means that law enforcement can make an arrest based on observed impairment rather than solely on a BAC reading.
According to DUI less safe OCGA Section 40-6-391(a)(1), it is illegal to drive if alcohol has impaired your ability to drive safely. You may talk right and walk right, but your response time (if averting an accident) can be slower after ingesting alcohol or drugs.
2. Is DUI Less Safe a Felony?
A common question we receive is: “Is DUI less safe a felony?” That answer is “no” in most cases. However, any 4th DUI in GA within 10 years (using arrest dates to measure) will be accused as a felony.
In Georgia, a conviction on a first, second, or third DUI less safe offense is usually prosecuted as a misdemeanor. However, a third DUI in GA within 10 years (using arrests dates to count) will be prosecuted as a “high and aggravated” misdemeanor.
Such convictions on a 3rd DUI within 10 years can lead to having to serve a much longer jail sentence, if convicted. In addition, such DUI 3rd offenses in GA revokes your Georgia driving privileges, which will take away your ability to seek a new license for a long time.
A DUI can become a felony with a fourth conviction in 10 years or if the DUI driving resulted in a serious injury or death to others.
Explaining DUI Less Safe GA vs DUI (Per Se)
When comparing DUI less safe GA vs DUI “over the legal limit” (GA law calls it “DUI Per Se”), the primary difference is the evidence used.
For adult age drivers, DUI Per Se relies on a chemical test showing a BAC of 0.08) grams % or higher. The state does not need to prove you were driving erratically, only that your number was over the limit.
DUI Less Safe relies on officer observations (erratic driving, slurred speech, field sobriety tests) to prove you were unsafe to drive, regardless of your BAC number.
DUI Less Safe Georgia Penalties If Convicted
The DUI less safe Georgia penalty structure is identical to a standard DUI. For a first conviction, penalties may include:
- Up to 12 months in jail (with most judges requiring 24 hours minimum jail time in most cases)
- Fines between $300 and $1,000, plus statutory surcharges that can double or nearly double the fine amount that is imposed
- Performing at least a minimum of 40 hours of community service
- Remaining on probation for a full 12 months on any misdemeanor DUI conviction
- Driver’s license suspension, and the court confiscates that convicted driver’s license during the court session wrapping up the conviction for driving under the influence.
Last, but not least, a DUI conviction can NEVER be expunged or erased from your criminal history. You take it to the grave.
After reading what is explained above, it is not difficult to understand the serious consequences of such a conviction. By knowing the deep, permanent issues a DUI conviction can bring, you now know that “fighting to WIN” is the only good option.
Can a DUI Less Safe Be Removed from Your Driving Record in GA?
Unfortunately, the answer to can a DUI less safe be removed from your driving record in GA is “absolutely NOT.” The Peach State is one of only eight (8) states (plus the District of Columbia) for which no expunction or “record restriction” is possible.
In Georgia, a DUI conviction (including the “less safe” cases with no forensic test result) stays on your criminal record permanently and cannot be expunged (restricted) if you were convicted. This reality (for many arrested DUI drivers) makes fighting the charge to PREVENT a conviction critically important.
In What Way Do DUI Less Safe Convictions Affect Insurance Rates?
Your insurance rates will increase for at least three years following a DUI less safe GA conviction. Insurers will view such driver as being a greater risk for a crash or claim in the future.
A DUI can result in more expensive life insurance. This is because drivers with such criminal convictions for impaired driving result in being “flagged” as higher risks. Also, a person’s bank interest rates can be set higher by a lender when underwriters discover the conviction.
Understanding the economic repercussions of this type of conviction is essential. Prepare for the increased financial burden it brings. Additionally, high-risk companies often will not offer policies with high liability limits, such as $500,000/$1 million coverage.
Can I Get a Limited Driving Permit?
Yes, Georgia licensees who are first offenders and age 21 or older at the time of conviction can immediately apply for a limited driving permit. By completing DUI school and paying a reinstatement cost to the State of Georgia, after their first 120 days of using their limited operator’s permit, their full Georgia driving privileges can be reinstated.
However, DUI drivers under age 21 (if convicted) are totally suspended from driving for a full 12 months. No type of limited driving permit will be available to them.
Bullet Points for Defending Your Pending DUI Charges
- Subjective Evidence: In the state of Georgia, a DUI less safe charge places emphasis on impaired driving capability rather than blood alcohol concentration (BAC) levels. This makes the evidence highly subjective and open to attack by a skilled attorney.
- Standard Penalties: Consequences for a conviction involve jail time, fines, and administrative actions like license suspension.
- Defense Strategy: Defending against Georgia DUI “less safe” charges might include your legal counsel disputing the validity of the traffic stop or casting doubt on roadside field tests and the accuracy of the officer’s “claimed” evidence of intoxication.
- Legal Definition: DUI Less Safe OCGA
Under Georgia DUI laws, specifically the DUI less safe OCGA statute [O.C.G.A. § 40-6-391(a)(1)], the state must prove you were under the influence to the extent it was “less safe” to drive. This is different from the GA DUI Per Se limits, whereby a driver can be convicted just due to these alcohol test readings:
- Under 21: 0.02 gr. % or more
- Commercial Drivers: 0.04 grams % or more (when the driver is behind the wheel of a commercial vehicle)
- Standard Adult: 0.08 grams percent
However, for a DUI less safe charge, the prosecutor does not need a “number” from a forensic blood, breath, or urine test. The prosecutor only needs to convince a judge or jury that you were impaired.
Summary and Call to Action: Get Your FREE Lawyer Case Review
Awareness of a person’s legal rights is the best starting point. Now, after obtaining this full knowledge of what DUI less safe means, you know that you need to turn your case over to legal professionals skilled in mounting viable defense strategies for such cases.
Now knowing the severe ramifications (if CONVICTED) of a DUI less safe GA charge, you understand what is needed. The key to avoiding that conviction is to “lawyer-up” with top criminal attorneys and effectively deal with this predicament.
Call now for a FREE consultation with a LAW PARTNER, not a new associate attorney. Our 24-hour number is 404-567-5515.
However, any DUI crime arrest is at least a serious misdemeanor crime. “Less safe” DUI citations only apply when law enforcement does not collect a post-arrest forensic test after your DUI arrest, whether at the police station or another location (e.g., for a hospital blood draw). If you were cited for a “refusal to submit” to post-arrest blood or breath testing, the Prosecutor will argue that this is proof of your “consciousness of guilt.”
The good news about less safe DUI charges is that these types of charges are often easier for top-rated DUI attorneys near me to beat in court than an “over the legal limit” DUI prosecution. However, this general rule can become meaningless if police bodycam video shows a driver doing everything wrong. For example, they might talk too much, show slurred speech, or threaten to sue the officers.
With over nine decades of combined experience defending these criminal charges, why not call the law firm whose DUI law partners wrote the BOOKS on DUI law in Georgia? Our 95 collective years of criminal defense experience ONLY HANDLING CRIMINAL LAW CASES — and nothing else — can be your best hope for obtaining a non-DUI disposition.
One more IMPORTANT and TIME-SENSITIVE point needs to be made about a declining a law enforcement officer’s request for post-arrest testing is vitally important. You have only 30 days to act, or else be administratively suspended for a FULL YEAR.
Georgia licensees written up as a “refusal” with no prior DUI convictions in the past 5 years likely need to opt for installation of an ignition interlock device to avoid a 12-month total this is an administrative license suspension. This issue must be dealt with IMMEDIATELY after your DUI arrest, so call for a FREE lawyer consultation now. 404-567-5515 is the number.
