DUI Less Safe Georgia

DUI Less Safe Georgia
A Georgia driving under the influence arrest can be charged in two different ways: less safe and “per se.” If you are charged with less safe in Georgia, that means the arresting police officer believed that your driving abilities were affected by the consumption of alcohol. If charged with per se, your blood alcohol content was likely over the legal limit even if your driving abilities were not necessary affected.

A prosecutor could charge you with both types of DUI charges if you tested over the legal limit and leave it up to the jury to find you guilty of one charge or the other. While a per se charge is relatively cut and dry—you were either over the limit or not—a less safe charge is much more subjective. The arresting officer may be called to testify on your driving, behavior, and appearance at the time of the incident.

The signs of a less safe driver may include swerving, failing to maintain lane, running traffic signals, and speeding. If the patrol car has a video camera that recorded your driving before your traffic stop, our attorneys can review it to determine if the stop was, in fact, legal. If your driving did not indicate that you were a less safe driver due to the consumption of alcohol, we can bring this up during cross examination.

Other signs that the officer may point out as signs of intoxication include the smell of alcohol on your breath, slurred speech, bloodshot eyes, and trouble balancing. Your performance on the field sobriety tests, if you performed them, may also be used during trial. Again, this evidence is highly subjective and these signs could indicate conditions other than alcohol use.

Whether you are convicted of DUI less safe in Georgia or DUI per se, you could face steep penalties, including jail time, probation, large fines, community service, and alcohol education courses. Your license will also be suspended by the Department of Driver Services (DDS).

The DUI per se attorneys at Head, Thomas, Webb and Willis have the experience necessary to fight your charges. With the ability to travel anywhere in the state to defend your case, we offer affordable rates and can create payment plans if requested.

Submit your case online or call us today for a FREE consultation on your per se charge in Georgia. Our clients also receive a FREE administrative driver’s license appeal letter and a FREE copy of The DUI Book, written by partner William C. Head.

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