Breakdown of the Law Behind DUI Less Safe in Georgia

Posted by Richard Lawson | Aug 22, 2018 | 0 Comments

Yesterday, I wrote about how, as a Georgia DUI Lawyer, I frequently represent clients who have been arrested for DUI in Georgia on minimal amounts of evidence. These charges are commonly referred to as DUI Less Safe in Georgia. 

Our state does not have a OWI, Wet Reckless, or DWI. We have DUI and DUI Less Safe. Today, let's break down the law behind DUI Less Safe in Georgia. 

DUI Less Safe in Georgia

According to the Georgia Code, a DUI Less Safe is defined by the following statute:

A person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” O.C.G.A. §40-6-391(a)(1).

DUI Less Safe actually refers to the standard of evidence used to prove that a person has been driving under the influence. This means that the standard of evidence is actually much lower.
With DUI Less Safe, a Georgia breath or blood test is not necessary to show that an accused DUI Driver was under the influence. The arresting officer's observations during the investigation are the main pieces of evidences in cases such as these. 

The observations can include:

  • Admission of drinking
  • Slurred speech
  • Bloodshot eyes
  • Repetition or inconsistency during conversation
  • Odor of alcohol 
  • Fumbling or clumsiness 

The same consequences (also known as Georgia DUI Penalties) apply in cases involving Georgia DUI Less Safe. This is why it's of the utmost importance to hire a Georgia DUI Attorney. 

If you or a loved one has been arrested for DUI in Georgia, contact us today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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