Under Official Code of Georgia Annotated § 40-6-391, “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” Accordingly, a driver may be charged with and potentially convicted of DUI even if their BAC measures below 0.08.

It is widely understood that operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher constitutes driving under the influence in Georgia. However, law enforcement officers may still initiate a DUI charge even when a driver’s BAC is below 0.08 if they believe the driver is impaired to the extent that it is less safe for them to operate a vehicle than if they had not consumed alcohol.

If you have been charged with a “less safe” DUI in Gwinnett County, it is essential to retain experienced legal counsel to safeguard your driving privileges and minimize the long-term consequences of a conviction. The attorneys at W. Scott Smith, P.C are well-versed in the complexities of DUI defense and are committed to pursuing the most favorable resolution possible on your behalf. Contact our office at 404-581-0999 to schedule a free consultation!