Many Georgia residents do not know about the difference between a “less safe” DUI charge and a “per se” DUI charge, but this difference is an important one to take note of. Indeed, there are two different kinds of DUIs that an individual can be charged with and, in the state of Georgia, both of these DUI types could be the result of alcohol, other vapor or drug intoxicants. However, one law could result in a driver’s arrest, even if he or she has a blood alcohol level of under 0.08 percent.
When it comes to alcohol, a per se DUI involves a driver whose impairment level includes a blood alcohol concentration of over 0.08 percent. Meanwhile, a less safe DUI involves allegations that a driver has a drug or alcohol impairment level that, in so many words, makes it less safe for him or her to drive. Even drivers who test at a blood alcohol level of 0.02 could be charged with a less safe DUI.
Georgia drivers could face stiff consequences in the event of a DUI conviction. First, drivers accused of DUI (regardless of guilt) will be arrested and taken to jail. Second, this arrest will be included on one’s permanent arrest record. Third, it does not matter if one is convicted of a per se DUI or a less safe DUI, the penalties can be the same. Finally, car insurance rates will likely go up and other ill effects could result, especially in the case of conviction.
The fact of the matter is that any kind of alcohol consumption prior to driving could result in an arrest and conviction of DUI. Nevertheless, by employing a spirited legal defense against those charges, some individuals may be able to show that they are not guilty. Numerous complexities and nuances of Georgia state law come into play during the litigation of a DUI matter. Just because a Georgia driver is arrested on particular charges does not mean that the driver will be convicted and/or seriously punished.
Source: wtvm.com, ““Less safe” DUI more common during the holidays“, Sara Lim, May 26, 2014