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  1. #1
    Join Date
    Sep 2016

    Default What is a DUI Less Safe

    In Georgia, how is a DUI Less Safe different from a regular DUI?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: What is a DUI Less Safe

    A DUI case in Georgia is normally based upon evidence of blood alcohol content.

    A DUI Less Safe charge can be prosecuted based upon evidence of intoxication, even if the defendant's BAC is below the legal limit or if there is no direct evidence of blood alcohol level or intoxication through the consumption of drugs or other intoxicating substances. The prosecutor must prove that the arrested driver was “less safe” to drive, as compared a sober driver, by virtue of having consumed too much alcohol (and/or other intoxicants). Evidence of intoxication may include the defendant's driving conduct as observed by the officer, performance on roadside sobriety tests, and evidence of intoxication such as staggering, slurring of words, and odor of alcohol.

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