“Per se” vs. “less safe” violations: 2 types of DUI violations in Georgia

If you are caught driving under the influence in Georgia, there are two different types of charges that you may face. You may be charged with a “less safe” violation or a “per se” violation.

A “per se” violation means that you had a blood alcohol content over the legal limit when you were caught driving. As you probably already know, in Georgia, a BAC of 0.08 percent and up is over the legal limit. If your BAC is over the legal limit, then 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 that was above the legal limit.

If you are under the age of 21 or a commercial driver, “per se” violations are much stricter. 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, if you drive a commercial vehicle, you can be charged with a “per se” violation if you have a BAC of 0.04 percent or higher.

Now, if you are charged with a “less safe” driver violation, then for you to be convicted the officer must prove just that (that you are a less safe driver due to being under the influence). The officer must testify about 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.

If you are charged with either of these Georgia DUI violations, speak with an experienced defense attorney soon, as there are many defenses that can be used. For example, if you are charged with a “less safe” violation because you were driving recklessly and your eyes were red, it’s possible you just had something in your eye irritating it and were distracted trying to remove it. Also, in a previous post I covered the problems with the devices used to test your breath. Highlighting such problems is also a means of defense if you are charged with a “per se” violation.

The bottom line is that you should always contact an experienced DUI attorney when you have been convicted of DUI in Georgia – whether your violation is considered “per se” or “less safe.”