A DUI less safe charge in Georgia is one of the confusing charges that people face. Most people that come into my office have no idea what the charge means. Georgia DUI law provides 4 different provisions that are the basis for DUI “less safe” charges:
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive….
What does “less safe” mean in Georgia DUI law?
In order for a judge or jury to find beyond a reasonable doubt that a person is guilty of DUI to the extent that he or she is a less safe driver, the judge or jury must find that the driver is so affected by alcohol or another substance to a degree which renders the driver incapable of driving safely. Atkins v. State, 175 Ga.App. 470, 333 S.E.2d 441 (1985).
What evidence do our Georgia DUI lawyers use in evaluating the strength of a DUI less safe charge?
When Georgia DUI lawyer Ben Sessions evaluates the strength of the state’s DUI less safe charge pending against a client, he looks closely at the following:
In many DUI cases, pre-trial hearings and the trial are dominated by a focus upon the chemical test result (whether it is a blood, breath, or urine test). However, it is essential to recognize the critical nature of the remainder of the state’s case/evidence. The DUI less safe charge is no less important to the DUI defendant. As we often tell jurors in closing arguments, an acquittal upon the DUI per se charge and simply “throwing the state a bone” by convicting the Defendant of the DUI less safe charge does the Defendant absolutely no good. This type of “split the baby” verdict will have the same lasting effect upon a Defendant’s life and future. In Georgia, a DUI, whether it is a DUI per se or a DUI less safe, is a DUI.
If you have questions about a Georgia DUI charge, contact the DUI defense attorneys at The Sessions Law Firm.
CONTACT THE SESSIONS LAW FIRM AT (470) 225-7710
Hiring a lawyer is about more than getting a great result in your case. We understand that for many of our clients, the event that led them to call us causes them tremendous stress and anxiety. We will help you understand the process and how we can help. When you hire The Sessions Law Firm for your case, you will have a lawyer that is willing to take the time to help you and committed to delivering the best results possible.