DUI “Less Safe” vs. Per Se DUI in Georgia: What’s the Difference?

In Georgia, not all DUI charges are the same. Many people are surprised to learn that you can be charged with DUI even if your blood alcohol concentration (BAC) is below the legal limit. In other cases, you can be charged with DUI without even a chemical test. That’s because Georgia recognizes two primary types of DUI charges: DUI Less Safe and Per Se DUI.

Understanding the difference between these charges is critical, because it affects how the case is prosecuted, defended, and resolved. 

What is per se DUI in Georgia? 

There’s something called a Per Se DUI; it just means the charge is based only on your blood alcohol level. Not how you were driving. Not how you looked. Just the number.

In Georgia, if your BAC is 0.08 or higher, they say you were impaired. That’s it. That number alone is enough.

For commercial drivers, the limit’s lower: 0.04. And if you’re under 21, it’s 0.02. Basically, one drink can put you over.

In these cases, the whole thing usually rests on the breath or blood test. That’s what the state leans on. But those tests? They’re not perfect. The machines have to be set up right. The test has to be done a certain way. The sample has to be handled carefully. A lot can go wrong. And if something does go wrong, even something small, a good lawyer can challenge it. Sometimes that’s the whole case. 

What is DUI Less Safe? 

A DUI Less Safe charge does not depend on a specific BAC number. Instead, the prosecution must prove that alcohol or drugs made the driver less safe to operate a vehicle, even slightly.

In these cases, officers often rely on:

• Driving behavior
• Field sobriety tests
• Observations such as bloodshot eyes or the odor of alcohol
• Statements made by the driver

A person can be charged with DUI Less Safe even if their BAC is below 0.08, or if no chemical test was taken at all. This makes Less Safe cases more subjective and often more aggressively contested. 

Comparing the penalties

When it comes to punishment, there’s no real difference between a DUI Less Safe and a Per Se DUI in Georgia. From the court’s perspective, they’re treated the same. Either one can lead to jail time, fines, a suspended license, mandatory DUI school, probation, or an ignition interlock device on your car.

Where the difference shows up isn’t the sentencing. It’s in how the state tries to prove the case, and what the defense looks like. The path to a conviction is different, and so are the ways it can be challenged. 

Talk to a Marietta, Georgia DUI Lawyer Today 

Andrew L. Schwartz represents the interests of Marietta residents who have been charged with DUI. Call our Cobb County DUI defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.