In the state of Georgia, a person can be charged and convicted for driving under the influence (DUI) in six (6) different ways.  The version of the DUI depends on the substance found in your body (alcohol vs. drugs) and the way in which the substance is proven to be in your body (“less safe” vs. “per se”).

The distinction between “less safe” and “per se” is very straightforward:

     1.  “Per se” indicates that the alcohol concentration in your system is over the legal limit of 0.08 grams (an objective standard); and

     2.  “Less safe” indicates that an officer found your driving to be unsafe to the extent that you should not have been driving (a subjective standard).

Pursuant to O.C.G.A. § 40-6-391(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;

(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or

(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.”  

If you are facing a pending DUI, or if you just want to ask a few questions, give us a call at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

You can also submit a case evaluation request on our website HERE.