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Thursday, June 11, 2015

The Less Safe Law in Georgia

A popular myth is that you can't be arrested for DUI if your blood alcohol content (BAC) does not exceed the legal limit. However, it's important to know that the "Less Safe" statute applies to drivers in the state of Georgia, which means you can be convicted of a Less Safe DUI even your BAC is less than 0.08 grams.

What is the "Less Safe" Law in Georgia?

The Less Safe Law was designed to criminalize anyone who is driving "less safely" because they are possibly under the influence. This applies to drivers who don't produce breathalyzer BAC test results because they don't consent to the test, or they take the test and produce results under the legal limit. Ultimately, the State does not need any chemical sobriety test result to support the Less Safe charge.

How could I possibly get a Less Safe charge if I haven't been drinking any alcohol?

Law enforcement officers look for potential DUI violations by observing driving behavior. Some of the most common reasons an officer may stop your vehicle include running a stop sign, failing to maintain your lane or driving erratically. Ultimately, the Less Safe charge alleges that you were impaired to such an extent that you were a danger to yourself or others, regardless of whether you consented to a test or produced a test result below the legal limit.

Do I need to take a potential Less Safe conviction seriously?

Absolutely. The risk of a Less Safe conviction is just as serious as a DUI conviction. The only difference is the method used to prove the case. If you have been arrested for Less Safe or DUI in Georgia, contact experienced criminal law attorney Christopher Chapman at cchapman@smithwelchlaw.com or call 770-389-4864.

Prior to his admission to the bar, Christopher Chapman spent six years in law enforcement and has experience of being a former prosecutor in Henry County State Court. Smith, Welch, Webb and White is recognized as a premier law firm throughout the state of Georgia. Our team of experts routinely handles a wide range of legal matters, and will provide outstanding service for you, your family or your business.

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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