DUI Less Safe in Georgia Facts

DUI less safe in Georgia means being charged with driving under the influence of alcohol or drugs to the extent that it is less safe for the person to drive, even if their blood alcohol concentration (BAC) is below 0.08%.

For drivers under 21 years of age the BAC limit is 0.02 grams percent, and for commercial driver’s license CDL holders, the legal limit is 0.04%. If you don’t take the roadside breathalyzer test, the officer can still arrest you for impaired driving. This can be based on slurred speech, admitting to drinking, or failing field sobriety tests.

In Georgia, there is another type of DUI offense called DUI per se. This occurs when the officer collects a breath sample at the roadside and again at the police station. O.C.G.A. § 40-6-391(a)(1) defines less safe DUI in the state of Georgia.

What Evidence Will Police Use to Reach an Arrest Decision?

Evidence used by police to make a Georgia DUI less safe arrest includes the following:

1. Officer observations of impaired driving (weaving, erratic braking, etc.)
2. Physical signs of impairment (slurred speech, bloodshot eyes, etc.)
3. Performance on field sobriety tests (walk and turn, HGN eye test, and one-legged stand)
4. Odor of alcohol
5. Admissions of drinking
6. Does not require a specific BAC level
7. Can be charged even if driver refuses breath/blood test
8. Based largely on officer’s subjective observations

A GA DUI less safe to drive case begins its investigation the moment a police officer observes your erratic driving, or notices some non-working equipment on your vehicle (busted brake light, no turn signal, no license plate). In Georgia, a DUI less safe is not seen as a smaller offense compared to a DUI per se.

DUI Less Safe Conviction Penalties

A first-time DUI is typically considered a misdemeanor. However, if there is an accident with injuries or other serious circumstances in your case, it may be treated differently. Conviction penalties include:

• $300 to $1,000 court fine
• Jail time up to 12 months
• Usually 40 hours of community service
• DUI classes – aka DUI school
• Alcohol and Drug Evaluation
• Driver’s license suspension up to 12 months

What Defenses Can Your Lawyer Use in Court?

DUI lawyers Larry Kohn and Cory Yager have had success fighting DUI convictions with the following defense strategies:

1. Challenging officer’s observations and credibility
2. Arguing impairment was because of other factors (fatigue, medical conditions, etc.)
3. Questioning the scientific validity of field sobriety tests
4. Lack of probable cause for the stop
5. Procedural errors in arrest or testing
6. To get a driving under the influence in Georgia conviction the state must prove:
7. The defendant was driving or in actual physical control of a moving vehicle
8. The defendant was under the influence of alcohol/drugs
9. The influence made the defendant a less safe driver

The key in DUI less safe cases is that the prosecution relies heavily on the officer’s observations and testimony rather than a specific BAC number. Challenging these subjective elements is often central to the defense strategy.

If You Do Nothing Your License Will Be Suspended In 30 Days

The 30-day warning period for DUI Less Safe cases in Georgia is a critical timeframe that requires immediate action to avoid severe consequences. Here’s how it works:

30-Day Warning Period Explained

1. Immediate Action Required

Deadline: You have 30 days from the date of your arrest to act to prevent the automatic suspension of your driver’s license.

Actions to Take: You must either request an Administrative License Suspension (ALS) hearing or install an ignition interlock device on your vehicle.

Temporary License: Upon arrest, the officer should issue you a DDS Form 1205, which serves as a temporary driver’s license and informs you of the impending suspension and your rights to contest it.

Administrative License Suspension (ALS) Hearing

Requesting a Hearing: To request an ALS hearing, you or your attorney must submit a formal request to the Georgia Department of Driver Services (DDS) within 30 days of your arrest.

Filing Fee: There is a $150 filing fee required to request the hearing.

The ALS hearing is an opportunity to contest the suspension of your driver’s license. It is separate from the criminal proceedings of your DUI case.

Install an Ignition Interlock Device On Your Vehicle to Keep Driving

Installation: As an alternative to requesting an ALS hearing, Georgia DUI laws state you can opt to install an ignition interlock device on your vehicle.

How It Works: This device requires you to blow into it to start your car and periodically while driving. Per DUI laws in Georgia if it detects alcohol, the vehicle will not start, and a report will be sent to the service provider.

Cost: The installation and maintenance of the device can be expensive, typically costing between $750 to $1,000.

Automatic Suspension: If you do not take action within the 30-day period, your driver’s license will be automatically suspended for up to one year.

No Limited Permit: If you refused the chemical breath or blood test at the time of your arrest, you will not be eligible for a limited driving permit during the suspension period.

Consult an Attorney: It is highly advisable to consult with an experienced DUI attorney immediately after your arrest. We can help you decide whether to request an ALS hearing or install an ignition interlock device and ensure that all necessary steps are taken within the 30-day period. Your attorney can also help you build a defense for both the ALS hearing and the criminal proceedings of your DUI case.

The 30-day warning period in Georgia driving under the influence less safe cases is a crucial timeframe that requires immediate action to avoid the automatic suspension of your driver’s license. Consulting with a knowledgeable DUI attorney and deciding whether to request an ALS hearing or install an ignition interlock device are essential steps to protect your driving privileges.