Law enforcement in Georgia can charge drivers with DUI even if their blood alcohol concentration (BAC) is below the legal limit of 0.08 grams thanks to the “DUI Less Safe” Act. This legislation contradicts the belief that drivers under the legal limit are immune to prosecution. Several factors, such as a driving infraction or drug impairment, may lead to this charge. The issue is not the quantity of alcohol ingested but the capacity to drive a vehicle.
In other words, refusing to submit to post-arrest testing or having a blood alcohol concentration (BAC) below 0.08 grams does not preclude the filing of charges for driving under the influence. If there is solid proof of impaired driving abilities, a conviction may still happen.
What criteria are needed for a DUI Less Safe charge?
The arresting officer must have reasonable concerns about your driving behavior to initiate the stop for DUI. Some examples include:
- a traffic violation
- reckless driving
- failing to obey stop signs
- speeding
If you are arrested, the officer must be able to prove that you were stopped for a traffic offense, that you failed the field sobriety test and that you should not have been driving.
Consequences of DUI Less Safe
DUI Less Safe charges are often brought when the driver:
- refuses to submit to a state-mandated chemical test
- test findings are allegedly faulty
- test results are excluded from the evidence during the trial
The standard classification for a DUI Less Safe offense is misdemeanor. As a result, you face the possibility of a year in prison and another year on probation. Penalties of up to $1,000 are possible. In addition, you may be required to complete a DUI rehabilitation class, and you may temporarily lose your license.
If you are charged with DUI Less Safe seek legal assistance as soon as possible.