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GA DUI "LESS SAFE" LAW

Georgia's DUI "Less Safe" Law

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.”

One no longer must be above the legal limit of .08 to receive a DUI. All that is required is that a law enforcement officer believes that your driving is "less safe" due to your intake of alcohol and/or drugs.

Example
Let's look at a typical example. Let's say it is Friday night, you leave work and stop off at the pub to drink a few beers and shoot pool with friends. You arrive at the Pub at 6:00 pm. and drink four 12 oz. beers. You pay your tab and leave about 8:00 p.m. You get in your car and start driving home. It would be unlikely that you would be near the legal limit at this point. Let's do the math. Each 12 oz beer adds about .02 to one's BAC, so four beers would put you at the legal limit of .08. But... we also lose about .02 BAC for every hour. After two hours you would have lost approximately .o4 BAC, putting you at around .04 BAC for your drive home. As you turn down your street a deer comes out of nowhere and runs in front of your path. You swerve and miss the deer but run over the mailbox in front of your neighbor's house. Someone calls 911 and in a few minutes officers arrive. You tell them what happened but they smell alcohol on your breath. You admit you had four beers at the pub but you feel fine. Unless the deer hung around to back up your story, it is possible - if not likely - that you will be charged with DUI "less safe." You may blow a .04 but all it takes is for the officer to believe your driving was "less safe" due to your consumption of beer.

Specifically, the proof the officer needs is evidence of erratic driving (an accident strongly suggests that) and some additional circumstantial evidence that you had been drinking or using drugs (smelling of alcohol settles that).

Remember, it isn't just alcohol where DUI's or the "less safe" statute applies. The example about would likely have the same outcome if you had smoked a joint with friends after work and when officers arrived you smelled of marijuana. Even prescription drugs that were prescribed to you for a current ailment can be the substance of intoxication. The law specifically states that having a legitimate prescription for a drug you are taking is no defense to the less safe statute for DUI's.

The best decision is to never get behind the wheel of any vehicle after you have been drinking alcohol or consuming any drug that may impair your mental and motor functions. It is just too risky. The consequences can be life-destroying if you were to have an accident and cause bodily harm or death to yourself, a passenger with you or people in another vehicle. Plan smartly before you start these activities so you are assured that you will not put yourself or others in harms way.