What is a DUI “Less Safe” in Smyrna, Georgia?
Georgia drivers often aren’t fully aware of Georgia’s implied consent rules when it comes to DUI. Some will refuse post-arrest testing. Even after doing so, many are shocked to find out that they’re still facing charges of DUI even after refusing to submit to a breathalyzer or blood test. In addition, their refusal to be tested has run them afoul of Georgia’s implied consent laws, which puts their ability to keep driving at risk for an entire year.
Georgia prosecutors can accuse defendants of DUI using multiple theories
Georgia has multiple DUI “types”. The most common type is for being over the legal limit based on a forensic test result. In other words, you take a breathalyzer test and it shows that your blood alcohol content is 0.08 or greater. The other common type of DUI charge is when there are no test results available due to the arrested party’s refusal to submit to testing. In addition, a Georgia motorist can be charged with DUI “less safe” if their BAC is under the legal limit of 0.08 or there is no forensic testing to establish what their BAC is.
The only accusation that law enforcement needs to prove is whether or not your driving was impaired. This charge is different from a standard DUI charge.
The good news for drivers who are facing these charges is that a DUI less safe charge is often easier to fight in court. In addition, a DUI less safe charge is “less serious” than a full DUI charge.
Understanding a DUI less safe charge in Smyrna, Georgia
Georgia’s DUI laws make it so a DUI charge isn’t only about your blood alcohol content (BAC) limit. A Smyrna motorist can be charged with DUI less safe even if their BAC was below 0.08 or if the driver refused a blood alcohol test during their arrest. So, even when there is no chemical testing, you can be convicted of some form of DUI in Georgia. The prosecutor would require other credible proof that your driving was impaired by drugs or alcohol.
This fact surprises many Georgia residents who feel as though they’re safe from DUI prosecution if their BAC falls below the legal threshold of 0.08. If police officers find that you are driving dangerously, illegally, or without regard for other drivers on the road, they can pull you over and charge you with DUI less safe, even if you are below the legal threshold.
Understanding this facet of Georgia law is crucial to avoid unexpected legal problems.
Talk to a Smyrna, GA DUI Lawyer Today
Andrew L. Schwartz, P.C. represents the interests of Smyrna residents who have been charged with DUI, DUI less safe, or other DUI-related charges in Georgia. Call our Cobb County criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
