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DUI Less Safe: What is It?

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If you’ve been pulled over for a DUI you may have seen a charge on the citation saying “DUI Less Safe.” There’s a lot of confusion about what this actually means. What people most commonly think of is “DUI Per Se” meaning that the authorities have a numerical reading of your blood alcohol content through blood, breath, or urine. If you’re over 21 years old, that means your BAC was above a .08.

On the other hand, “DUI Less Safe” essentially means that the driver is considered less safe to operate a vehicle due to alcohol or drug impairment, regardless of whether they meet the specific BAC threshold for DUI Per Se. DUI Less Safe is common in two scenarios, the first being a refusal of tests that may indicate impairment due to a BAC reading. If a police officer sees certain driving and/or physical manifestations that could indicate alcohol impairment and the driver refuses to perform any sobriety tests, they will usually issue a citation with DUI Less Safe because they do not have the BAC reading to issue DUI Per Se. The second scenario when DUI Less Safe is used is when your blood, breath, or urine shows that there is alcohol in your system, but the BAC is less than .08. Although it may seem strange to receive a DUI when your BAC is under the legal threshold for DUI Per Se, it does happen because the officer has deemed the driver “less safe” to operate a vehicle due to impairment.

If you or a loved one has gotten pulled over for a DUI in Georgia don’t hesitate! Call our office TODAY.

Georgia DUI

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When you are pulled over for suspicion of a DUI, the officer will conduct a test called “horizontal gaze nystagmus” or HGN for short. This is the test where an officer will ask you to follow either their finger or a pen to see if the eyes involuntarily jerk or twitch as your eyes move laterally.

The test must be done correctly. The officer must place the stimulus (usually a pen or their finger) 12 to 15 inches away from your nose and slightly above eye level. Then the officer must move the stimulus in a stage consisting of 14 passes. The first stage of passes has the officer moving the stimulus from left to right to center for at least two seconds to check or equal tracking of the pupils.

The second stage has the officer place the stimulus from the center position to your left and back to the center. They will repeat this for the right eye. The stimulus should be moved at a speed that takes at least two seconds from the center position to the side position.

The third stage of passes is designed to determine whether the person has distinct nystagmus at the point in which your eye is fully moved to one side and cannot move any further. The stimulus moves from center to the side taking at least two seconds, holding at the side for at least four seconds, and then moved back to the center in at least two seconds.

The final stage is a set of four passes designed to determine if the onset nystagmus occurs before your eye moves to a 45-degree deviation. It must take at least four seconds to move the stimulus from your center to a spot around your shoulder. The stimulus must be held long enough to confirm the onset nystagmus. Each of the passes in this phase must take at least eight seconds, with a three second count out, a two second count hold, and a three second count back.

 

It is vital to note that the entirety of the HGN test must take AT LEAST 82 seconds- usually around 90 seconds. If the officer is well under that time, then they employed the test incorrectly and the HGN test can be excluded from any evidence that could indicate potential impairment. The stimulus must also remain in the 12 to 15 inch range from your nose and its path cannot loop or curve. If it does, then the officer did not administer the test properly. If you’re pulled over for a DUI, make sure you know the process for HGN evaluation and call our office today.

DUI Probation in Hall County

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If you are entering a plea to a DUI in Hall County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.

According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:

  • Assess a fine of not less than $300 (but not more than $1,000
  • Sentence you to 24 hours imprisonment
  • Sentence you to complete 40 hours of community service at a 501(c)(3) organization
  • Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • Require completion of a clinical evaluation for substance abuse treatment
  • Require you to serve 1 year on probation.

While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.

These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Hall County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Hall County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Hall County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Hall County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.

 

Written by Attorney Katherine Edmonds

DUI Probation in Bartow County

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If you are entering a plea to a DUI in Bartow County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.

According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:

 

  • Assess a fine of not less than $300 (but not more than $1,000
  • Sentence you to 24 hours imprisonment
  • Sentence you to complete 40 hours of community service at a 501(c)(3) organization
  • Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • Require completion of a clinical evaluation for substance abuse treatment
  • Require you to serve 1 year on probation.

While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.

These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Bartow County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Bartow County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Bartow County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Bartow County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.

 

Written by Attorney Katherine Edmonds

DUI Probation in Henry County

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If you are entering a plea to a DUI in Henry County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.

According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:

 

  • Assess a fine of not less than $300 (but not more than $1,000
  • Sentence you to 24 hours imprisonment
  • Sentence you to complete 40 hours of community service at a 501(c)(3) organization
  • Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • Require completion of a clinical evaluation for substance abuse treatment
  • Require you to serve 1 year on probation.

While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.

These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Henry County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Henry County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Henry County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Henry County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.

 

Written by Attorney Katherine Edmonds

DUI Probation in Rockdale County

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If you are entering a plea to a DUI in Rockdale County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.

According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:

 

  • Assess a fine of not less than $300 (but not more than $1,000
  • Sentence you to 24 hours imprisonment
  • Sentence you to complete 40 hours of community service at a 501(c)(3) organization
  • Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • Require completion of a clinical evaluation for substance abuse treatment
  • Require you to serve 1 year on probation.

While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.

These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Rockdale County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Rockdale County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Rockdale County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Rockdale County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.

 

Written by Attorney Katherine Edmonds

DUI Probation in Cherokee County

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If you are entering a plea to a DUI in Cherokee County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.

According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:

 

  • Assess a fine of not less than $300 (but not more than $1,000
  • Sentence you to 24 hours imprisonment
  • Sentence you to complete 40 hours of community service at a 501(c)(3) organization
  • Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • Require completion of a clinical evaluation for substance abuse treatment
  • Require you to serve 1 year on probation.

While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.

These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Cherokee County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Cherokee County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Cherokee County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Cherokee County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.

 

Written by Attorney Katherine Edmonds

DUI Probation in Clayton County

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If you are entering a plea to a DUI in Clayton County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.

According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:

  • Assess a fine of not less than $300 (but not more than $1,000
  • Sentence you to 24 hours imprisonment
  • Sentence you to complete 40 hours of community service at a 501(c)(3) organization
  • Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • Require completion of a clinical evaluation for substance abuse treatment
  • Require you to serve 1 year on probation.

While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.

These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Clayton County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Clayton County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Clayton County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Clayton County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.

 

Written by Attorney Katherine Edmonds

DUI Probation in Cobb County

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If you are entering a plea to a DUI in Cobb County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.

According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:

 

  • Assess a fine of not less than $300 (but not more than $1,000)
  • Sentence you to 24 hours imprisonment
  • Sentence you to complete 40 hours of community service at a 501(c)(3) organization
  • Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • Require completion of a clinical evaluation for substance abuse treatment
  • Require you to serve 1 year on probation.

While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.

These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Cobb County judges have a lot of control over the sentence. For example, some judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Cobb County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Cobb County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Cobb County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.

 

Written by Attorney Katherine Edmonds

DUI Probation in Clayton County

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If you are entering a plea to a DUI in Clayton County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea. 

According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must: 

  • Assess a fine of not less than $300 (but not more than $1,000 
  • Sentence you to 24 hours imprisonment 
  • Sentence you to complete 40 hours of community service at a 501(c)(3) organization 
  • Require completion of a DUI Alcohol or Drug Use Risk Reduction Program 
  • Require completion of a clinical evaluation for substance abuse treatment 
  • Require you to serve 1 year on probation. 

While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked. 

These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Clayton County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Clayton County judges will not make you serve any time if you complete your probation requirements. 

Entering a guilty plea to DUI in Clayton County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Clayton County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999. 

 

Written by Attorney Katherine Edmonds