How Can I Get Arrested For DUI in Georgia Without a Breath Test?

Some people who find themselves arrested for DUI in Georgia are often confused when there is no “proof” or “evidence” that they were driving under the influence.

This is because we have both DUI and DUI Less Safe in Georgia. Both still carry serious Georgia DUI Penalties, the penalties can actually be worse with a DUI Less Safe charge. As a Georgia DUI Lawyer, I will focus on the law behind DUI Less Safe in our state in today's post.

DUI Less Safe in Georgia

In the Georgia Code, (O.C.G.A. §40-6-391(a)(1)), it is stated 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.

This statute refers to the standard of evidence used to prove the accused person of driving under the influence. 

No breath and blood tests in Georgia are necessary to show that an accused person was under the influence of alcohol or that he or she was an impaired driver. In fact, an officer's observations during the investigation are typically used to support that the driver was impaired in a DUI Less Safe.

Georgia officers are trained to look for hints such as:

• Repetition or inconsistency during conversation
• Odor of alcohol or drugs
• Fumbling or clumsiness 
• Admission of drinking or drug use
• Slurred speech
• Bloodshot eyes
• Field sobriety test performance
• Manner of driving
• Ability to follow instructions
• Anything else anyone would use to determine if someone was impaired

Practice Note

DUI Laws in Georgia are extremely complicated, and no one should attempt to understand the consequences they could potentially face without consulting a DUI attorney. Our offices specialize in Georgia DUI Defense, and we can help you figure out what would work best for your case. 

If you or a loved one has been charged with a DUI in Georgia, contact a Georgia DUI Attorney today. Your defense starts now.