Less Safe or Per se?

If you are caught DUI in Georgia, there are 2 different types of charges that you may face: “less safe” violation or a “per se” violation.

A “per se” violation means that you had a blood alcohol content (BAC) over the legal limit when you were caught. In Georgia, a BAC of any number over 0.08 percent is over the legal limit. If your BAC is over the legal limit, the prosecutor does not have to prove that you were a “less safe” driver. This means that even if you were not driving recklessly, you can still be convicted because you had an amount of alcohol in your blood was above the legal limit.

If you are under the age of 21 or a commercial driver, “per se” violations are much more harsh. Georgia has "Zero Tolerance" laws which mean that if an underage driver has a BAC of 0.02 percent or higher, they will be charged with a “per se” violation. And as far as commercial vehicle drivers are concerned, they can be charged with a “per se” violation if you have a BAC of 0.04 percent or higher.

If you are charged with a “less safe” driver violation, for you to be convicted the officer must prove that you are a less safe driver due to being under the influence. The officer has to testify why they believe you were a less safe driver, such as if you were driving recklessly, your breath smelled of alcohol, or your speech was slurred.

Contact the Law Offices of Richard S Lawson today if you have been charged with either of these charges.