Many people share the misconception that as long as their blood alcohol concentration (BAC) is below the legal limit, they cannot be charged with DUI. That is not the case. Let’s go over how DUI Less Safe laws put drivers who are under the legal limit at risk of DUI charges.
DUI Less Safe Statute
The DUI Less Safe statute states that individuals with a blood alcohol content of under .08% may still be convicted of DUI if any amount of alcohol in their system is impairing their ability to safely operate a motor vehicle.
For example, if a driver is pulled over for speeding and their breath test shows they have a .05% BAC, they may still be charged with DUI.
DUI Less Safe is also used to charge drivers who are under the influence of drugs. Because there is no ‘legal limit’ for drugs, any amount of a drug in the driver’s system could warrant a DUI Less Safe charge.
Penalties for DUI Less Safe
A DUI Less Safe is typically a misdemeanor charge.
A first offense DUI conviction may result in:
- Up to one year in jail
- Up to one year of probation
- Fines up to $1,000
- Required community service hours
- DUI risk reduction school
Proving DUI Less Safe
One of the main methods that police officers use to prove DUI Less Safe cases are field sobriety tests. Field sobriety tests are physical sobriety evaluations that may require the driver to:
- Balance on one leg
- Walk in a straight line heel-to-toe
- Follow a moving object with their eyes, without moving their head
- Recite the ABCs without singing
These tests are always voluntary; there is no penalty for refusing to take a field sobriety test. For this reason, The Dickerson Firm LLC recommends always refusing. If you take the test and fail, it will help the police officer’s case against you.
Marietta DUI Defense Attorney
When you are faced with unexpected DUI charges, The Dickerson Firm LLC is here to help. Contact us online or give us a call at (678) 903-1336 to speak with our experienced North Georgia attorney who specializes in DUI and drug defenses.