DUI Less Safe Georgia

If you live in Georgia, you may have seen or heard one of the state’s numerous public safety messages on drinking and driving. Regularly broadcast on television stations and radio airways across the state, these announcements often feature the slogan “above the limit, under arrest”—a statement warning drivers that, if caught driving under the influence (DUI), they will be arrested and charged with drunk driving. While these commercials send a clear message on the consequences of driving with an illegal blood alcohol content (BAC), they fail to mention the DUI less safe Georgia law, a legal stipulation that gives law enforcement the authority to arrest drivers who have a BAC below the legal limit, as well as those who have an illegal amount of alcohol in their system.

In the United States, it is illegal to operate a vehicle with a BAC of 0.08% or higher. As a result, any person found to be in violation of this law can be arrested and charged with DUI—regardless of his or her ability to drive. This is what is known as a “per se” offense, meaning simply driving with an illegal amount of alcohol in your system is enough to warrant an arrest for drunk driving

However, along with these per se laws, Georgia state law also allows officers to arrest any driver who shows signs of impairment. In other words, if your actions and driving behaviors lead an officer to suspect you are intoxicated, you may be arrested for a less safe DUI offense despite having a BAC that’s well below the legal 0.08% limit. What’s more, because state law classifies them as separate offenses, it is possible for a person to be charged with both per se and less safe DUI.

If you have been arrested for less safe DUI or any other type of drunk driving offense in Georgia, it is important to obtain legal representation immediately. In many cases, the penalties for driving under the influence include an automatic license suspension, hefty fines, and mandatory jail time—and those are just for a first-time offender.

As one of the most successful DUI defense firms in the state, Head, Thomas, Webb, and Willis has helped countless drivers avoid the devastating consequences of a Georgia DUI conviction. From getting your charges reduced to a lesser offense to convincing the court to dismiss them completely, count on our team of skilled trial attorneys to help you achieve the best possible outcome for your case.

To put our years of experience to work for you, contact the Law Offices of Head, Thomas, Webb, and Willis immediately after your arrest. We’ll conduct an extensive investigation of the evidence to find any potential loopholes that can be used to challenge your arrest and improve your chances of success.

Give us a call today for a free, no-obligation consultation on your case.

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