Have you been charged with a DUI less safe? If so, you may be confused. How is one DUI less safe than another? And if you were charged, we know right off the bat that there was no test of your blood alcohol content. How do we know? It’s in the definition of a DUI less safe.
In Georgia, DUI charges fall into six different categories. Four of these pertain to cases in which alcohol is not the substance involved in the charge. First is DUI Drugs, which includes any kind of drug that impairs driving ability, even if the person has a valid prescription. A DUI Inhalants charge applies to people under the influence of toxic vapors like glue or aerosol. Under the DUI Marijuana/Controlled Substances stature, a person can be charged if there is any amount of marijuana or any other controlled substance in the blood, even if it’s a small amount. In a DUI Multiple Substances charge, the combination can be any kind of drugs, alcohol, or inhalants, rendering the person less able to drive safely.
The remaining two types of charges are the ones that involve alcohol alone. The first one is the charge with which most people are more familiar—a DUI Per Se. This type of Georgia DUI case relies on the defendant having a blood alcohol content at or above .08 grams, at any time within three hours of being in control of a vehicle. The other thing the state has to prove is that this blood alcohol content is the result of alcohol consumed before the defendant got behind the wheel.
A DUI Less Safe charge is less commonly known, but more commonly tried. Why? Because in this type of case, there needn’t be blood, breath, or urine tests that indicate a blood alcohol content above the legal limit. In fact, a driver can face a DUI Less Safe charge even if he or she tests below the legal limit, if the officer believes the driver to be impaired. It falls on the state to prove that impairment, beyond a reasonable doubt.
Georgia DUI Attorney Ray Giudice Explains DUI Less Safe
This is where the importance of an effective Georgia DUI attorney comes into play. The right DUI lawyer understands the law, and knows how to get the best result for his clients. The law is very complicated, and field sobriety tests are extremely subjective. When you find an attorney who will passionately defend you, building a case that exploits weaknesses in the charges against you, digging into the evidence to see where errors may have been made, you’ll have found the best Atlanta DUI attorney for you.
For almost three decades, people charged with DUI in Atlanta and the surrounding areas have trusted Ray Giudice to be their Georgia DUI lawyer. In addition to caring deeply about the clients he represents, Ray Giudice has recent jury trial experience, as well as the knowledge and experience that make him an effective ally in court. If you have been accused or arrested for DUI, contact the law office of Ray Giudice at (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.
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