Georgia Man Charged with DUI Less Safe and Vehicular Homicide

Posted by Richard Lawson | Oct 04, 2019 | 0 Comments

An alleged DUI driver hit a female pedestrian with his car on Langford Parkway this morning. When police arrived, they discovered the body of a woman in the roadway.

Authorities said the driver who hit her, identified as 42-year-old Alvin Williams, initially left the scene before returning later.

“He stated to officers that he originally left the scene because he was not sure what he struck in the roadway,” White said. “During the course of the investigation, officers noticed the driver appeared to be under the influence of alcohol.”

DUI Less Safe in Georgia

The most important thing to understand is that Georgia does not have less serious DUI offenses that actually exist in most other states. Georgia doesn't have OWI or Wet Reckless or DWI in Georgia.  DUI Less Safe in Georgia is every bit as serious as any other DUI offense in Georgia. 

"Less Safe" refers only to the manner in which a case is proved against the accused DUI Driver in Georgia.  "Less Safe" is the standard of evidence used to prove the DUI.

DUI Less Safe is defined in the same statute in the Georgia Code as DUI in Georgia. O.C.G.A. § 40-6-391(a)(1) states that 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.” 

In order to prove that a defendant is guilty of DUI Less Safe, the State must be able to show that the person was under the influence of alcohol, but a chemical test result is not necessary in order to do so.  An officer's observations during the DUI investigation can be used to support the determination that the driver was impaired by alcohol.  During the investigation, the officer will be look for clues such as the admission of drinking, slurred speech, bloodshot eyes, fumbling, repeating questions or comments, the odor of alcohol on the person's breath, and providing incorrect or inconsistent answers.

Practice Note

As I mentioned above, most people are under the false impression that DUI Less Safe is a lesser version of the charge of DUI in Georgia.

If you or a loved one has been arrested, contact a Georgia DUI Attorney today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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