Understanding DUI Per Se Vs DUI Less Safe in Gwinnett County

What is DUI Less Safe?

In Georgia, you can face DUI charges even if your BAC is below 0.08%. This concept is known as DUI Less Safe. At Philip Kim Law, P.C., we want you to understand that law enforcement officers may use observations or circumstantial evidence to decide whether you pose a danger on the road, even if a breath or blood test indicates you are under the legal limit.

Evidentiary factors often include:

• Erratic driving or traffic violations
• Officer observations of physical signs of impairment, like slurred speech or bloodshot eyes
• Poor performance on field sobriety tests
• Admissions of drinking or drug use

Because these factors depend heavily on an officer’s subjective judgment, DUI Less Safe cases can be more nuanced. Even so, a charge of DUI Less Safe is as serious as a DUI Per Se and can leave you facing severe penalties such as fines, license suspension, and jail time.

We examine the procedures used during the traffic stop and field tests to ensure your rights were respected. 

Key Differences Between DUI Per Se and DUI Less Safe

Although both charges can lead to significant legal consequences, DUI Per Se and DUI Less Safe differ in how they are prosecuted and the type of evidence required.

DUI Per Se

DUI Per Se centers on whether your BAC meets or exceeds 0.08% for adult drivers (or 0.04% for commercial drivers and 0.02% for underage drivers). The prosecution primarily relies on chemical test results to demonstrate your guilt. If your BAC is above the legal threshold, the law presumes you are impaired.

DUI Less Safe

DUI Less Safe does not require a specific BAC. Instead, the charge is based on whether law enforcement can prove you are less safe to drive due to alcohol or drug use. Observations of unsafe driving or physical impairment are key to these cases.

In DUI Per Se cases, we often focus our defense on testing accuracy and procedural issues. In DUI Less Safe cases, we analyze the officer’s statements, bodycam footage, and any other subjective measures used to establish your guilt. If you would like to compare these DUIs to other traffic-related offenses, please see this resource.  

Legal Implications of DUI Charges in Gwinnett County

At Philip Kim Law, P.C., we see firsthand how seriously Gwinnett County courts treat DUI charges. Once you have been charged with either DUI Per Se or DUI Less Safe, several critical steps follow:

1. Arrest and Booking: After an arrest, you are taken to the Gwinnett County Jail for processing.
2. Administrative License Suspension: The State may impose a separate administrative suspension on your driver’s license, apart from any criminal penalties.
3. Arraignment: In court, you enter a plea of guilty, not guilty, or no contest.
4. Pre-Trial Motions: We may file motions to exclude certain evidence or dismiss your case entirely if procedures were mishandled.
5. Trial or Plea Negotiation: Depending on the strength of the evidence and your objectives, your case may go to trial or be settled by a plea agreement.

Penalties for a first DUI offense in Gwinnett County can include:

• Fines ranging from $300 to $1,000
• 10 days to 12 months in jail (often reduced or probated)
• Up to one year of license suspension
• Mandatory DUI education courses
• Community service hours

Repeat offenses provoke harsher penalties. In some jurisdictions, third DUI offenses can result in lengthy jail sentences, and while exact penalties vary by location, they generally become more severe for multiple offenses in Georgia as well. 

We conduct a thorough review of your case, analyzing everything from the legality of the traffic stop to the accuracy of any breath or blood tests. Our objective is to defend your rights and pursue the most favorable resolution possible.

How a DUI Attorney Can Help In Defending Against DUI Charges

Regardless of whether you face a DUI Per Se or DUI Less Safe charge, a robust defense can make a significant difference. At Philip Kim Law, P.C., we employ multiple strategies tailored to your specific situation. Here are some common defense approaches we consider:

Challenging the Tests

In DUI Per Se cases, we closely examine the breathalyzer or blood testing devices to see if they were properly maintained and operated. We also review whether officers followed correct procedures during administration.

Officer Observations

In DUI Less Safe cases, where the prosecution relies on an officer’s observations, we look for inconsistencies or inaccuracies in the incident report and relevant video footage.

Constitutional Violations

We review whether the traffic stop, search, or arrest complied with your constitutional rights. If your rights were violated, certain evidence may be dismissed.

Medical Conditions

Certain conditions or medications can lead to inaccurate test results or misinterpretations of your behavior. We examine medical records to see if they provide an alternative explanation for any signs of alleged impairment.

Plea Negotiations and Alternative Sentencing

If the evidence against you is strong, we may negotiate reduced penalties or seek alternative programs to lessen the long-term consequences of your charge.

We know that a DUI charge does not automatically translate into a conviction. Our approach is to design and execute a defense strategy that aligns with your personal goals and legal needs. If you want more guidance on potential courtroom tactics, we have additional insights here.