When the Standard DUI Rules Don’t Apply: Understanding Georgia’s “Less-Safe” Rule

When most folks think of DUI charges, they think about their blood alcohol level being above 0.08%. Everyone seems to remember that number specifically. That’s largely due to the fact that it’s on commercials, billboards, and you’ll hear it at high-school assemblies. But Georgia’s DUI laws are far more expansive. You can face actual criminal penalties for driving under the 0.08%. In some cases, you can be pulled over and charged with DUI even if you’ve had nothing to drink.

DUI without alcohol: Understanding drugged driving in Georgia

Under Georgia law (O.C.G.A. § 40-6-391), it is a crime to drive under the influence of any substance that impairs your ability to drive safely. This includes not only alcohol but also illegal drugs, prescription medications, and some over-the-counter substances as well. Any substance that can impair your perception, coordination, or judgment is considered a crime to drive on. The key questions for the court become: What did you take, and were you impaired?

In Georgia, this means that a driver could face DUI charges for being under the influence of a prescription sleeping medication, a pain medication, or an anxiety medication. This remains true even if the drug was acquired legally and prescribed properly. Georgia law does not distinguish between lawful or unlawful substances when it comes to impaired driving.

“Less safe” driving: When Your BAC is below 0.08%

In addition to its standard DUI laws, Georgia also has a “DUI less safe” rule, which punishes drivers for being too inebriated to drive (even if their BAC is below 0.08%). Officers can rely on your driving behavior, field sobriety tests, and other indicators that you’re impaired even if your BAC is under 0.08%. The driver’s BAC can be as low as 0.05% and yet, they’re still facing a DUI charge. Officers will check for signs that the driver is disoriented, failed their field sobriety tests, or admitted to mixing alcohol with a medication.

Since these cases don’t rely on a breathalyzer test or a BAC number, they often turn on subjective observations and the officer’s testimony. Your DUI defense lawyer can challenge their claims, question the reliability of field sobriety tests, and scrutinize whether or not the arrest was lawful.

Drug-impaired driving in Georgia

Defending against a non-alcohol DUI requires a very careful look at every step of the arrest process. From the initial traffic stop to the officer’s observations, testing procedures, and the scientific validity of the results, we can challenge the prosecution’s evidence. Chain of custody issues, faulty lab methodology, or improper field sobriety testing can all result in reasonable doubt.

An experienced DUI defense lawyer can also use expert witnesses to explain how your test results might be misleading. For example, your medication might appear to be intoxicating you, but the dosage or timing might have no real impact on your ability to drive.

Talk to a Cobb County, GA, DUI Defense Lawyer Today 

Andrew L. Schwartz, P.C., represents the interests of Smyrna residents who have been charged with driving under the influence of drugs or alcohol. Call our Cobb County DUI defense lawyer today to schedule an appointment, and we can begin discussing your next steps right away.