DUI Per Se vs. DUI Less Safe

If you are arrested for a DUI in the state of Georgia, the charges can seem a little bit confusing at first. That is because there are two different ways to be charged in this state: DUI Per Se vs. DUI Less Safe. So, what does it mean if you are arrested for one of these charges? Or both? 

What Does it Mean?

First, the two charges do not indicate a lesser or greater charge. In fact, in some cases, you can receive both charges in a single DUI arrest. It does not mean you are charged for two DUIs. The two charges indicate the type of evidence the officer is using to prove a single offense.

DUI Per Se

A DUI Per Se charge means that the driver submitted a breath or blood test that showed the driver was over the legal drinking limit in Georgia. For most drivers that are of legal drinking age, that is a Blood Alcohol Content (BAC) level of .08%.

DUI Less Safe

This charge is used when the driver demonstrates in some way that they are less safe to drive because of a substance, regardless of their BAC. So, if the driver does not consent to a breath or blood test, or the driver is not over the legal limit, they can still get a DUI Less Safe charge, as long as the officer believes the driver is “less safe” to drive because of a substance. 

What are the Penalties?

Sometimes, if an individual agrees to submit a test, they will receive both charges. It does not mean that they could be convicted of two DUIs, it means that the state has two different ways to prove the DUI in court. 

And, you should also know that DUI Per Se vs. DUI Less Safe both carry the same penalties for a conviction.

Questions? Contact our office.