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Introduction
Many Georgia drivers assume that staying under the legal blood alcohol concentration (BAC) limit means they’re safe from a DUI charge. However, this is not always the case. In Georgia, you can be arrested and charged with driving under the influence even if your BAC is below the standard legal threshold of 0.08%.
This might come as a surprise, but Georgia law includes provisions that allow for DUI charges based on observed impairment, regardless of chemical test results. These cases are known as “less safe” DUIs, and they rely on evidence such as driving behavior, field sobriety tests, and officer observations.
This article provides a clear explanation of how and why someone in Georgia can be charged with a DUI despite having a BAC below the legal limit. It covers how impairment is assessed, what laws apply, and what drivers should understand about Georgia’s DUI enforcement policies.
Understanding Georgia’s “Less Safe” DUI Law
Georgia has two primary types of DUI charges:
- DUI Per Se – This applies when a driver’s BAC is at or above the legal limit (0.08% for drivers 21+, 0.04% for commercial drivers, and 0.02% for drivers under 21).
- DUI Less Safe – This applies when a driver’s BAC is below the legal limit, but there is enough evidence to suggest they were impaired to the point that it was unsafe to drive.
Under the DUI Less Safe statute (O.C.G.A. § 40-6-391(a)(1)), a person can be convicted if alcohol or drugs have made them “less safe” to operate a motor vehicle, even without reaching a specific BAC threshold.
This law gives law enforcement and prosecutors the flexibility to pursue DUI charges based on the totality of circumstances, not just breathalyzer or blood test results.
What Qualifies as “Less Safe” Driving?
A DUI Less Safe charge is built on the observation that a driver was impaired to a degree that made them an unsafe driver—even if they were under the legal BAC limit. Here are some common signs and behaviors that may be used as evidence:
- Weaving or swerving between lanes
- Failing to maintain proper speed
- Delayed reaction times
- Poor coordination during field sobriety tests
- Slurred speech or confusion
- Odor of alcohol or drugs
- Admission of drinking or substance use
These observations may be documented by the arresting officer and presented as evidence in court. If the court agrees that the driver was impaired and posed a safety risk, a DUI Less Safe conviction can result—even if the BAC was 0.06% or lower.
BAC vs. Actual Impairment
BAC is a numerical indicator of alcohol in the bloodstream, but it doesn’t always perfectly reflect a person’s ability to drive. Different individuals experience alcohol’s effects in different ways, depending on body type, metabolism, fatigue, and other variables.
For example, someone with a BAC of 0.05% might show clear signs of impaired judgment and motor coordination, while another person at 0.07% may appear relatively unaffected. This discrepancy is why Georgia law allows for DUI charges based on impairment rather than relying solely on BAC readings.
In fact, Georgia courts have consistently upheld convictions where BAC was under 0.08% but evidence demonstrated the person was impaired while driving.
This approach emphasizes public safety over rigid thresholds. The goal is to prevent accidents and injuries by targeting unsafe driving behavior—regardless of whether a legal limit has been crossed.
DUI Less Safe and Drug Impairment
DUI Less Safe laws in Georgia also apply to drug-related impairment, including both illegal substances and certain prescription medications. A person can be charged if drugs—alone or in combination with alcohol—make them less safe to drive.
This includes:
- Marijuana
- Prescription painkillers
- Sleep aids
- Anti-anxiety medications
- Other controlled substances
Unlike alcohol, drug impairment doesn’t have a clearly defined legal limit in most cases. A blood or urine test may reveal the presence of substances, but officers rely heavily on behavioral signs to assess impairment.
Because there’s no universally accepted “legal limit” for most drugs, DUI Less Safe becomes the primary legal mechanism for handling drug-influenced driving in Georgia.
Penalties for DUI Less Safe in Georgia
A DUI Less Safe conviction carries the same penalties as a standard DUI in Georgia. This includes consequences such as:
- License Suspension: First-time offenders can face a suspension of their driver’s license for up to 12 months.
- Fines and Court Costs: Convictions can result in significant fines, probation supervision fees, and other related costs.
- Mandatory DUI Risk Reduction Program: Offenders are typically required to complete a state-approved alcohol and drug education program.
- Possible Jail Time: Even first offenses may lead to jail time depending on the circumstances.
- Criminal Record: A DUI conviction in Georgia remains on your criminal record permanently and can affect employment, housing, and more.
Because penalties do not depend on how high your BAC was, a DUI Less Safe charge is not a “lesser” offense—it is treated with the same level of seriousness as a DUI Per Se.
Real-World Scenarios Where DUI Below the Limit Happens
Here are a few examples of situations where someone could be charged with DUI Less Safe in Georgia:
- After having one or two drinks, a driver is pulled over for weaving and performs poorly on field sobriety tests. Their BAC reads 0.06%, but they are still charged based on observed impairment.
- A driver mixes alcohol with prescription medication and is unable to stay in their lane. Their BAC is below 0.08%, but the combination of substances leads to unsafe driving behavior.
- An underage driver with a BAC of 0.03% is arrested. Even though the level is low, it exceeds Georgia’s 0.02% limit for drivers under 21, leading to charges under zero tolerance laws.
In each of these scenarios, the focus is on how the substances affected the driver—not just the number on a breathalyzer.
Can You Be Convicted Without a BAC Test?
Yes. In Georgia, you can be convicted of DUI even if no BAC test was taken or if the test results are not available. Refusing to take a chemical test can lead to automatic license suspension under Georgia’s implied consent law, and officers may still proceed with charges based on observed impairment.
The absence of a BAC test does not protect a driver from prosecution. Courts may rely on officer testimony, dash cam footage, field sobriety test results, and other evidence to determine impairment.
This underscores how Georgia’s DUI laws are built around behavior and safety—not just chemical readings.
FAQ Section
Can I get a DUI if my BAC is under 0.08% in Georgia?
Yes. Georgia allows DUI charges based on impairment, even if your BAC is below the legal limit.
What is a DUI Less Safe charge?
It refers to cases where a driver is impaired and unsafe to drive, even if their BAC is under the legal threshold.
Does DUI Less Safe carry the same penalties as a regular DUI?
Yes. The consequences, including fines, license suspension, and criminal records, are the same.
Can I be charged with DUI without a breath or blood test?
Yes. DUI charges can be based entirely on officer observations and field sobriety tests.
Is mixing alcohol with prescription drugs considered DUI?
It can be. If the combination makes you an unsafe driver, you may be charged under DUI Less Safe laws.
Do I have to be swerving to get a DUI Less Safe?
No. Any behavior that suggests impairment—such as slow reactions, poor coordination, or erratic braking—can support the charge.
Is DUI Less Safe a lesser charge?
No. It is treated with the same seriousness and penalties as other DUI charges in Georgia.
Conclusion
In Georgia, staying under the legal BAC limit does not guarantee protection from DUI charges. The state’s DUI Less Safe law allows for convictions based on observed impairment, regardless of BAC. Whether alcohol, drugs, or a combination is involved, the key factor is whether your ability to drive safely has been affected.
To better understand Georgia’s DUI laws and how BAC factors into enforcement, visit our full guide on Blood Alcohol Content And Legal Limits. You can also explore the mini-hub on what blood alcohol content means under DUI laws for deeper insights.