DUI Per Se Georgia

Practically everyone knows that alcohol and driving do not mix. The dangers of driving under the influence (DUI) have been well-documented over the past several decades, and law enforcement officers, educators, and lawmakers everywhere continue to warn the public about the consequences of drunk driving. In most cases, the subject is addressed long before an individual is legally allowed to get behind the wheel. Yet despite all this effort, DUI continues to be a problem in all 50 states—and as revealed by the number of drivers who are arrested for DUI per se, Georgia is no exception.

Federal law dictates the amount of alcohol a person can have in his or her system and still operate a vehicle. According to this rule, once your blood to alcohol ratio (commonly referred to as blood alcohol content, or BAC) reaches 0.08%, you are legally impaired. Essentially, this means it is a crime in and of itself to drive with a BAC above the federal limit—or, in other words, a “per se” offense. This means that, even if your ability to drive is not impaired, you can still be arrested and charged with DUI.

However, you may still face arrest if your BAC is within the federal limit. Under Georgia’s “less safe” DUI law, operating a vehicle in an unsafe manner with any amount of alcohol in your system is an entirely separate crime from per se DUI. As a result, if you are pulled over for a serious traffic violation and have a BAC of anything other than 0.00%, you can be charged with less safe DUI. In some cases, you may even be charged with both less safe and per se DUI.

For example, if an officer notices you are driving erratically—weaving in and out of lanes, swerving, or violating multiple traffic laws, for example—and a breathalyzer indicates you have a BAC of 0.08% or more, you can be charged with two separate crimes: one for driving with an illegal BAC and another for driving while impaired. Unfortunately, this also means you’ll face separate penalties for each offense.

If you were recently arrested for a less safe DUI or other drunk driving offense in Georgia, help is just a call away. The Law Offices of Head, Thomas, Webb, and Willis have helped countless drivers like you avoid some of the most severe penalties of a drunk driving conviction—including hefty fines, long license suspension, and time behind bars. From reducing your charges to getting dismissing them entirely, count on us to help you achieve the best possible outcome for your case. 

To put one of the most successful DUI defense firms to work for you, call Head, Thomas, Webb, and Willis today for a free case evaluation. We’ll review the facts of your arrest to determine the best defense strategy for your situation. Call us today so we can get started.

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