Georgia has some of the toughest laws for drunk or impaired driving in all 50 states, and our “less safe driver” rule is at the heart of it. Too few drivers are aware of it or its implications, however, which can have a dramatic impact on your ability to avoid or defend against charges of Driving Under the Influence (DUI). In this article, we lay out the essentials every Georgia driver needs to know about the less safe driver law, including:
In most states, DUI is strictly defined by blood alcohol levels or the presence of illegal drugs in your system; Georgia goes one step further. Here, if you are determined to have been driving under the influence of alcohol or drugs to the extent that it was “less safe” for you to drive, you can be arrested for a DUI. Hence the term “DUI Less Safe.”
The idea behind the law is that it is not the quantity of alcohol or drugs in your system that matters in the eyes of the law, but whether those substances made you a greater risk to yourself and others on the road.
The implication is that you can be well under the legal drinking limit of 0.08%, have extremely residual drugs in your system, or even be driving under the influence of legal, prescribed or over-the-counter medication and still end up facing DUI charges and the possibility of a life-altering criminal conviction. All because a police officer decided you were driving erratically or failed a subjective roadside test.
Unfortunately, the law (O.C.G.A. § 40-6-391(a)(1)) is a lot less specific on what exactly constitutes ‘less safe’ to drive, which leaves a great deal of power in the hands of the law enforcement officers in the field and the prosecutors who ultimately make the decision to charge you or not.
All an officer needs to charge you with a Less Safe DUI is a reasonable belief that you are impaired enough to be a worse driver. Erratic driving alone can be enough to be arrested for DUI, as signs of weaving, speeding, or drifting can be sufficient indications that you are driving impaired.
Suspicion of alcohol consumption, drug use, or even a bit of innocent honesty on your part about taking some antihistamines can be all the evidence an officer needs, regardless of your result on a breathalyzer test. Similarly, if you “fail” a field sobriety test (which are quite subjective, and often difficult for anyone, especially when nervous), an officer can decide you are less safe to drive and thus book you for the DUI.
There is one silver lining, however, because of the nebulous and subjective nature of many of these determinations, they can be easier for a skilled DUI defense lawyer to contest than a strict “per se” DUI based on blood alcohol levels.
A talented DUI defense attorney can poke holes in nearly any case, and less safe DUI charges are no exception. In fact, because of the way police officers make less safe arrest decisions, certain defenses become even more powerful and effective:
The subjective nature of DUI less-safe-driver evidence makes it vulnerable to officer cross-examination, credibility challenges, and alternative explanations, all of which can be sufficient to make a juror doubt the state’s case, potentially leading to a full dismissal.
These and other defenses, while potentially quite effective, are not always easy to identify or pull off, however. It takes a skilled and experienced DUI defense lawyer to go toe to toe with police officers and prosecutors. It is therefore crucial that you work with a talented lawyer, preferably one who focuses on DUI defense, like Atlanta’s George Stein.
Putting up a strong defense is only one part of your lawyer’s job; however, a skilled attorney serves many crucial roles after a DUI arrest, on less-safe standards, or otherwise. They will also:
Working out of Atlanta, but serving those accused of Driving Under the Influence throughout the state of Georgia, George Stein has demonstrated time and time again that when your license, freedom, and future are on the line, he is the man to call.
No matter how good a driver you think you are, no one is safe from police mistakes or unfair treatment. Regardless of whether you have never touched a drop or admittedly made a foolish mistake, you deserve the full protection of the law, and George Stein will help see that you get it.
Do not let law enforcement take away your right to drive, ruin your future, or limit your freedom because an officer decided you were a less safe driver last night. Fight the charges by calling (404) 681-4000 or reaching out online to secure a consultation with Georgia DUI defense lawyer George Stein today.
Attorney George Stein is a skilled lawyer based in Atlanta, Georgia, who has helped countless clients like you navigate the intricacies of DUI law. With years of experience, he is prepared to assist you in preparing for your DUI case so that dismissal or reduction of your charges and retention of your license are viable options.
Still have questions? Ready to get started? Contact George Stein, The DUI Lawyer, today to schedule an initial consultation.