Not all DUI charges in Georgia depend on a breath or blood alcohol test establishing a blood alcohol concentration level of .08 or higher. Under Georgia law, drivers may also be charged with a “less safe” DUI if police believe that alcohol was impairing your ability to drive safely. This particular type of DUI allegation focuses on evidence of your impairment rather than on a specific blood alcohol concentration.
Understanding Less Safe Charges
Prosecutors who bring a less safe DUI charge against a driver must be prepared to show that the driver’s alcohol consumption made the person less safe to drive. This means that it is not enough to show that alcohol was consumed; instead, the prosecution must show a connection between alcohol consumption and impaired ability to drive a vehicle.
Evidence of a less safe DUI can include an officer’s testimony of observing the driving behaviors of the defendant, field sobriety tests, statements from other witnesses who observed the driver, and video of unsafe driving by the driver. Any evidence suggesting impairment may be relevant to a less safe charge.
Defending Against a Less Safe DUI
Because a less safe DUI requires different evidence, it also requires a different defense strategy focused on evidence of impairment. This may include questioning the reliability of witness testimony or the circumstances under which the driver was observed. At the Village Counsel Law Firm, Attorney Omar A. Cooper frequently assists Georgia drivers facing Less Safe DUI charges. For more information or to schedule a consultation, contact us today.