Though many people believe that you can’t be charged with DUI if your blood alcohol concentration (BAC) is lower than the legal limit, the truth is that you can still face certain charges. In fact, with a DUI less safe charge, you don’t even need to have your blood alcohol concentration checked!
What Is a DUI Less Safe Charge?
If you are pulled over and have a BAC of under .08%, you may still face charges, especially if it doesn’t seem that you are in control of your vehicle.
This means that if you get pulled over for any reason and are given a breathalyzer test, you could face charges for a DUI. You could be caught speeding, driving recklessly, or for any other reason, and you could find yourself in serious legal trouble.
Even worse, you can be given this charge even if you haven’t been given a blood alcohol concentration test. It has nothing to do with the amount of alcohol that you drank. It just has to do with your ability to operate your vehicle.
The DUI less safe charge is also used for those who are high on drugs. Since there is no legal limit on the amount of drugs in your system, any time you get pulled over and are under the influence of drugs, you could be looking at a DUI less safe charge.
That being said, you must be pulled over for a legitimate reason to get charged with DUI less safe. Police officers have to be worried about your driving to pull you over in the first place. They can’t just stop you for no reason. Instead, they must see reckless driving, not following stop signs, speeding, or another infraction.
How Do Officers Determine If You Are Driving Impaired?
If you are pulled over, the police officer may require you to take a field sobriety test. Though they can be hard when you are sober, they are nearly impossible when you aren’t. Police officers can easily tell if you have had too much to drink to drive safely.
You may be required to balance on one leg or walk in a straight line. You may also be asked to follow a moving object with your eyes. The officers will also consider how easily you can follow the rules you are given.
That being said, you can refuse to take the test. This will not guarantee that you are found guilty if you refuse to take the test. Taking them only helps the officer’s case against you.
What Do Officers Need to Charge You for a DUI Less Safe Charge?
If you are pulled over, the officer is going to need to be able to prove several things. They need to show that you were driving the vehicle and they pulled you over for a valid traffic violation. They will need to show that you failed the field sobriety test and that they genuinely believe you shouldn’t have been behind the wheel.
What Can Happen If You Get Convicted of a DUI Less Safe Charge
Usually, a DUI less safe charge is considered a misdemeanor. This means that you could spend up to one year in jail, followed by up to one year of probation. You may be facing fines of up to one thousand dollars. You may also be required to do community service and take classes for DUI. You may lose your license for a period of time.
Every time that you are charged and convicted, your penalties will get worse. The best thing that you can do is hire a lawyer to help you lessen your charges or get them dismissed.
Talk to a Columbus, Georgia Attorney If Charged With DUI Less Safe
If you are facing a DUI or a DUI less safe charge in Georgia, you need a lawyer to fight for your rights. Don’t hesitate to contact us today at Moffitt Law to see how we can help you get through this difficult time.
We would be glad to talk to you about what is going on and what your options are. We will do what we can to lessen your charges if we can’t get your whole case dismissed.