Daniels & Rothman, P.C. map & directions
toll free: local:
866-422-8045 706-621-5166

call us now for a free consultation

Georgia DUI charges vary

Extended holiday weekends in Georgia are often connected with an increase in DUI incidents. Whereas many states charge for driving while intoxicated, Georgia's DUI charges are based on impairment by drugs, alcohol or vapor. The state's per se DUI charges are used in cases involving a driver who has exceeded the legal blood alcohol content of .08. A charge of less safe DUI may be levied when a driver has not exceeded that limit but has been involved in less safe driving activity after consuming alcohol. Incidents of less safe DUI tend to increase during holiday weekends in connection with gatherings that include alcohol.

Officials note that there can be some confusion about the consequences of less safe DUI charges. Because a lower blood alcohol content levels are connected with the less safe charge, individuals may assume that the penalties are different. However, the penalties are the same as those for per se charges. In all instances of DUI, a charge remains on an individual's arrest record. These issues could lead to higher insurance rates and future problems when a person is seeking employment.

Although less safe DUI involves a lower BAC, proving the charge may be approached in a variety of ways. An incident leading to this charge usually involves other evidence, including sporadic driving, driving at high speeds and other types of reckless vehicle operation. In such cases, it may be difficult to disprove the role of alcohol in the incident.

An individual facing DUI charges may be concerned about the long-term implications. A DUI attorney may be able to negotiate reduced charges and penalties in some cases. Additionally, an attorney may look for procedural errors that might result in a dismissal of the charges.

Source: WTVM, ""Less safe" DUI more common during the holidays", Sara Lim, May 26, 2014