What is Georgia's "Less Safe" law?

DUI Lawyer Serving the Atlanta & Forsyth County Areas

If you refused to take a breath test or even if you took the test and blew under the legal limit, you can still be charged with a DUI crime. According to Georgia DUI law, you may be arrested and booked for being under the influence of alcohol or drugs to such an extent that it is "less safe" for you to drive.

Therefore, it's possible for your blood alcohol content (BAC) to be under the legal limit but still be charged. Many drivers in Forsyth County are unaware of this law, and that this type of DUI offense does not require a breath or blood test or have a number attached to it (such as .08%), in order for an arrest to be made. Instead, it relies on an officer's judgment and "probable cause."

If you have been arrested under our state's "less safe" law, your best opportunity to successfully defend the charge against you is to contact a proven DUI attorney from Zeliff | Watson. With over 25 years of combined experience in helping residents to overcome DUI prosecutions, we have the knowledge to aggressively go after charges based on Georgia's less safe regulations.

To learn more about your options after facing a less safe DUI charge, contact our firm today! 

Defending Those Facing DUI Less Safe Charges

When making a less safe DUI case, Forsyth County law enforcement is trained to observe and record everything you do that could be seen as a sign of impairment.

These behaviors will all be analyzed by the officer trying to build a DUI case against you:

• Your driving movements
• Exit from your vehicle
• Speech patterns
• Overall appearance

Additionally, these deputies are trained to give field sobriety tests like the "walk and turn", "horizontal gaze nystagmus" and the "one leg stand" test. These tests, however, are extremely subjective on the part of the arresting officer and there are many ways the reliability and accuracy of these tests can be attacked.

If your DUI paperwork indicates a "less safe" or 391(a) (1) charge, our offices are experienced in defending these cases, using expert witnesses to analyze and testify on the validity of your arrest. DUI Less safe charges are penalized with jail time, community service, fines, driver's license suspension and possible drug or alcohol evaluation and treatment, so it is vital that your case is correctly resolved.

If your DUI arrest was based on Georgia's "less safe" laws, quickly contact a DUI lawyer from our firm for help. 

The following is a non-exhaustive list of courts we defend clients in:

• Fulton County Superior and State Courts
• Atlanta Municipal Court
• Alpharetta Municipal Court
• Milton Municipal Court
• Johns Creek Municipal Court
• Sandy Springs Municipal Court
• Doraville Municipal Court (Dekalb County)
• Suwanee Municipal Court (Gwinnett County)