Georgia Criminal Defense Lawyer Blog
By: Larry Kohn, DUI Law Book Co-Author and Partner at Our Legal Firm
Many first-time GA DUI arrests of drivers in Georgia don’t know what to do and will refuse the port-arrest testing requested by the law enforcement officer. Many are so upset about being cuffed that they “shut down” wanting to cooperate with law enforcement.
After refusing to submit to post-arrest testing, though, many are quite shocked to learn that they are still being accused of DUI charges in GA. On top of that, their “refusal” to be tested (under Georgia’s implied consent laws) puts their ability to keep driving at risk for up to a full YEAR!
Also, this article will have great value to those accused of being Georgia DUI laws first-time offenders. If your arrest paperwork (a DDS 1205 Form) shows the term ‘DUI Less safe’ and you wondered what it means in Georgia, this article will educate you.
Anyone arrested can go to this other webpage on our website to learn HOW and WHY you need to act immediately to protect their driving privileges. While the period to deal with this pending suspension is 30 DAYS after the arrest date, do not wait, since missing the deadline takes away your right to drive long before the criminal case ever gets moving.
Paper Limited Driving Permit CONFUSES Some Who Are Arrested
When a driver is arrested for DUI in GA, the arresting officer confiscates the person’s plastic driver’s license. An 8.5 inch by 11-inch paper form is issued to that driver as a temporary driving permit.
Some potentially confusing language on the back of the form (mentioning 45 days) often misleads drivers into thinking that they have that many days to deal with this issue. YOU DON’T! On the 31st day after the arrest date YOU ARE SUSPENDED for one full year, if you don’t take one of two possible “actions” earlier!
Because our attorneys offer a NO-COST initial case review, call NOW at 404-567-5515 to get a FREE lawyer consultation. We will explain what steps need to be taken to allow you to keep some type of driving privilege.
Georgia Laws Allow the Prosecution to Accuse a Person of DUI by Multiple Legal Theories
This assumption by citizens who are arrested need to know about Georgia’s two DUI law “types.” One is for being over the legal limit (based on a forensic test result) and the other type is when no police test is available due to the arrestee’s refusal to submit to testing.
A DUI less safe charge can be accused even if your blood alcohol level is unknown. It can also occur if the BAC number from a testing device is below the legal limit in Georgia. This includes devices like the Intoxilyzer 9000 or advanced blood test analytical devices that can cost over $100,000.
The focus is on whether your driving is impaired. Learn what a DUI Less Safe is and its effects. This charge is different from a standard DUI.
The good news is that these charges for less safe DUI Georgia are often easier to fight in court. They are less serious than an “over the legal limit” DUI. With more than 90 years of collective court experience, our Metro Atlanta Firm specializes in defending those accused of violating GA DUI laws. This includes roughly 10,000 total cases defended.
Our law firm has partners, all of whom have written books on DUI law in Georgia. Why not give us a call, since there is no charge for the initial guidance and advice?
Understanding DUI Less Safe in Georgia
In Georgia, DUI laws say that a DUI charge isn’t only about the blood alcohol concentration (BAC) limit. A person can be charged with a DUI Less Safe crime even if their BAC is below 0.08 grams % OR if that driver refused to participate in post-arrest testing to determine the detainee’s BAC level. So, even with no chemical testing, a conviction could happen if there is other credible proof of that person’s impaired driving skills.
This subtle nuance in Georgia’s DUI regulations could be surprising to some drivers who might presume they are safe from prosecution if their BAC falls short of the threshold. For instance, you may feel confident behind the wheel after only a few drinks because your BAC is under 0.08 gr. %. If an officer sees you driving in a dangerous, illegal or questionable pattern, you might still face DUI charges.
Understanding this part of Georgia DUI law is important to avoid unexpected legal problems. Getting advice from specialized lawyers can help you learn about DUI laws. They can also assist you with any legal issues related to driving under the influence of alcohol or drugs. A DUI conviction can have serious and lasting effects on your car insurance rates and your driving rights.
Bullet Points for Defending Your Pending “Less Safe” DUI Charges
- In the state of Georgia, a DUI less safe charge places emphasis on impaired driving capability rather than blood alcohol concentration (BAC) levels, enabling charges to be brought even if the BAC is below the legal limit.
- Consequences for a DUI less safe conviction may involve jail time, fines, and administrative actions like license suspension, which can be more severe after past violations.
- Defending against a DUI less safe charge 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” circumstantial evidence of intoxication.
- Georgia DUI laws under 21 are sometimes called “Georgia DUI laws zero tolerance.” The Georgia DUI limit for any driver under the age of twenty-one years of age is 0.02 grams %. For a person weighing 165 pounds that would be about half of a 12-ounce standard beer or 2 to 3 ounces of table wine.
Our award-winning legal book co-authors of the leading treatise on Georgia DUI laws can uncover and point out every procedural mistake or improper administration made by your officer during the arrest for driving under the influence. Plus, all partners have written legal articles that have been nationally published in other legal publications.
Defenses Against Georgia Less Safe DUI Charges
Facing a DUI less safe charge can be unnerving. However, there are many defense strategies that can help you to fight the case and do all possible things to keep your criminal record clean.
One common criminal defense strategy is for your legal professional to examine the validity of the traffic stop. If there was enough probable cause to activate the blue lights that commanded you to pull over, the entire case can be thrown out by a criminal court judge.
One way to dispute the officer’s claims of “indications of intoxication” is to challenge the roadside FSTS (field sobriety tests). This often includes questioning by your legal warrior that shows improper administration and grading of the roadside tests.
Our Firm’s lawyers defending these cases will focus on whether the arresting officer’s testimony can stand up to cross-examination, because those evaluations are “standardized.” That means that they must be administered and graded precisely “by the book.”
For example, factors like tiredness or a client’s health problems might be confused with signs of impairment. This can create a strong defense.
All partners at our legal firm are NHTSA standardized field sobriety instructors. This means we have the same training as the teachers who trained police officers to conduct roadside evaluations. Mr. Yager was a police officer for almost ten years. He has experience on both sides of driving while intoxicated cases.
Poor instructions and bad locations can lead to problems. Often, officers make mistakes during procedures. This can happen during arrests or while doing balance and agility tests for sobriety.
To win defense arguments against the evidence from prosecutors, you need to know the rules well. Weakening the prosecutor’s case takes time and skill. It is not something you can learn quickly.
You need years of experience in handling cases. This is why hiring an experienced DUI lawyer in Georgia is very important. They can help you face these challenges and improve your chances of success.
Long-Term Consequences of DUI Less Safe Convictions
A DUI Less safe conviction leads to increased automobile insurance rates, other financial burdens (e.g., being charged higher interest rates), and can significantly impact a person’s career opportunities. The impacts can also affect rental or leasing or housing due to background checks by employers and landlords.
A DUI charge (if convicted) can cause many of those charged with driving under the influence with serious social problems. Convictions can harm your relationships, can possibly affect your visitation rights with your children if divorced or separated, and damage your business reputation.
Knowing these lasting effects shows why it is important to do everything possible to avoid losing the DUI offense case for driving while impaired. Beginning with possibly having no standard driver’s license for 12 months (for those who refused the Georgia implied law testing requested by the officer) to having to perform community service hours.
To top it all off, ANY conviction for DUI whether the person pleaded guilty, or nolo contendere (“no contest”) remains on your criminal record for LIFE. Georgia laws bar expunction of that record for anyone, regardless of their circumstances and the negative impacts the conviction will create.
Other Related Page Links about DUI in GA
Summary and Call to Action: FREE Lawyer Consultation
Awareness of a person’s legal rights is the best starting point. Learning about your approximate BAC level after a given number of “standard” alcoholic beverages is important to know.
Now that you know what evidence shows driving impairment, you should turn your case over to legal experts. Understanding the serious consequences of a DUI charge will encourage you to hire a lawyer. This will help you handle this situation effectively and avoid a drunk driving conviction.
Call now, since the initial meeting is FREE. If you need a payment plan, that is very common. No one expects to be arrested for intoxicated driving. Our 24-hour number is 404-567-5515.