DUI Less Safe” in Georgia: Why You Can Be Arrested Under a 0.08 BAC

DUI Less Safe” in Georgia: Why You Can Be Arrested Under a 0.08 BAC

In Georgia, there is a widespread dangerous belief that drivers may not be arrested for driving under the influence (DUI) when they have a blood alcohol level under 0.08 percent. Relying on the fact that only one or two drinks were consumed while eating dinner in Buckhead or Midtown can give drivers false confidence that they will not be caught if they take a breathalyzer test. Sadly, this is all wrong. You can certainly be arrested, charged, and convicted for drunk driving when your BAC is under 0.08 or when you actually don’t take a chemical test at all. This is because of an exceptional section of the Georgia law called DUI Less Safe. It is important to be aware of this law, as an arrest for this law will have serious and life changing consequences if you are traveling the streets and roads in and around the City.

It is illegal for a person to operate or be in actual physical control of a moving vehicle when the person is under the influence of alcohol to the extent that the person is less able to drive safely. (OCGA 40-6-391(a)(1)) This means that the state has no chemical test showing that the blood alcohol of the person being charged was above the legal limit to convict. The prosecution has no scientific measurement, but instead heavily depends on the subjective observations and testimony of the arresting law enforcement officer. You can be charged if the officer believes your use of alcohol impaired your ability to drive your motor vehicle in a manner different from that you would if you were not drinking.

There is no specific scientific number that the police need to rely on for your conviction, so they develop their case against you using a totality of circumstances approach. An officer’s investigation typically starts before the officer pulls over any vehicle and activates his/her blue lights. They’re searching for driving errors like weaving, leaving the road, going too slow, and rolling through a stop sign. After starting the traffic stop, they start checking for signs of impairment. This means, the smell of alcohol, watery or bloodshot eyes, slurred words, and fumbling with your wallet as you pick up your license. The officer will most likely ask you to exit the car to conduct standardized field sobriety tests. The horizontal gaze nystagmus eye test, walk and turn test, and one leg stand test will be the biggest indicators of being a less safe driver and will be closely examined.

It’s also important to know that the DUI Less Safe statute does not only apply to alcohol! Georgia law also definitely outlaws driving while under the influence of any drug to the extent that such use prevents you from driving safely. These include illegal drugs, marijuana, over the counter medicines and prescription medicines that are legally prescribed. If a driver who has a prescription from a doctor for a medication such as a pain relief drug or an anxiety drug, and that prescription was issued by a legal doctor, and that drug was taken as prescribed by the doctor, but the drug’s effect on that driver’s driving caused the driver to commit a behavior that would be illegal if the driver were not on the medication, then having a prescription from a doctor does not constitute a legal defense in a DUI case. A glass of wine, a illegal drug or a legally prescribed medicine is still a dangerous substance that impairs your driving capabilities – and you are in the same legal danger.

The other crucial area of confusion is the nature of the charge. Some think a DUI Less Safe is a less serious charge, perhaps akin to a “wet reckless” charge in other states. There are no lesser dui charges in Georgia. This conviction is accompanied by the same mandatory minimum penalties as a regular DUI Per Se (when a driver tests above the 0.08 limit). Convicted individuals will be fined heavily, receive a mandatory probation term of up to a year, mandatory community service of at least 40 hours, mandatory attendance at a DUI risk reduction program, and/or jail time. In addition, your driving privileges will be revoked, which will affect your job, your family and even your way of life.

A DUI Less Safe charge calls for vigorous and prompt response. The state’s case argument is highly based on the arresting officer’s opinion, not a definite chemical test, and for this reason, there are numerous avenues for a proficient defense. The legality of the initial traffic stop can be attacked and the administration of the field sobriety tests can be vigorously attacked in an attempt to demonstrate that the environment, fatigue or medical issues account for poor performance and not intoxication. But there is a time limit. If you’re arrested, you have just 30 days to file an administrative license suspension hearing to avoid automatically losing your driving license. Do not go into the municipal or state court systems without representation because you think that if you have a low BAC you will be fine. Get an experienced Atlanta DUI Attorney to protect you. James Yeargan knows how to defeat these “asparagus” cases, and why local prosecutors construct such cases. After being arrested, it is essential to get a dedicated DUI Lawyer Atlanta that you can trust if your freedom, your license, and your permanent record are at stake.