October 27, 2023

DUI Less Safe Charge – What Is It?

officer with digital tablet for driving offenceDriving under the influence (DUI) is a well-known term that signifies operating a vehicle while impaired by alcohol or other mind-altering substances. However, in the state of Georgia, there’s a specific charge that often creates confusion — the DUI Less Safe Charge.

As one of the experienced DUI attorneys in Muscogee County, GA, Clark Adams is well-positioned to guide you through this complex legal terrain.

DUI Less Safe Charge in Georgia

For a DUI charge, the prosecution typically needs to prove a driver’s blood-alcohol content (BAC) was 0.08% or higher. But what if no chemical test was performed, or the BAC was below this level? That’s where “less safe” comes into play.

“Less safe” is a term used in Georgia law to classify a driver whose ability to operate a vehicle is even marginally affected by alcohol or drugs, regardless of BAC. This concept introduces a more subjective measure of impairment than the straightforward DUI charge.

Georgia’s DUI less safe charge offers prosecutors flexibility in DUI cases where a driver’s BAC is not available or below the 0.08% threshold. Even if a driver refuses a chemical test or tests below the legal limit, they can still be charged if the arresting officer can demonstrate the driver was a “less safe” operator due to alcohol or drugs.

This nuance makes Georgia’s DUI law unique. The DUI less safe charge isn’t about being over a limit — it’s about being less safe to drive due to some level of impairment.

DUI Less Safe and Drugs

Georgia’s DUI less safe isn’t limited to alcohol alone. It also applies to any mind-altering substance that can impair a driver’s ability to operate a vehicle safely. This includes prescription medications, over-the-counter drugs, and illegal substances.

If law enforcement officers believe a driver’s ability is impaired due to drug use, they may issue a DUI less safe drugs charge in Georgia, a charge equally serious as its alcohol-related counterpart.

Consequences of DUI Less Safe Charge

Facing a DUI less safe charge in GA can have serious repercussions. Convictions may lead to heavy fines, license suspension, mandatory alcohol or drug education programs, and even jail time just like an ordinary DUI. It can also impact future employment opportunities and increase insurance premiums. The specific penalties can vary depending on a person’s previous convictions and the circumstances surrounding the arrest.

Consulting a DUI Attorney in Muscogee County, GA

A DUI less safe charge in Georgia is a complex aspect of DUI law that requires a skilled legal approach. If you’re facing this charge, it’s important to secure legal counsel experienced in handling these specific cases.

Clark Adams is committed to providing clients with aggressive defense strategies. Don’t face this charge alone. Let us guide you through this challenging time and help safeguard your rights and future.

Remember, the law is nuanced and the stakes are high. Choose the right attorney to navigate these complex waters with you. Contact our office today for a consultation.