THE TYPES OF DUI CHARGES IN GEORGIA
By Rahmeen Farhoudi | KAPADIA & NAIK
Georgia's DUI statute, O.C.G.A. § 40-6-391, delineates various categories representing the distinct types of DUI offenses in the state.
“PER SE” DUI CHARGE
The two primary classifications of alcohol-related DUI charges in Georgia are "per se" and "less safe." A per se DUI occurs when the accused's blood alcohol level surpasses the legal limit of 0.08 grams, or is greater within three hours of operating a moving vehicle due to alcohol consumption prior to or during driving.
“LESS SAFE” DUI CHARGE
The second alcohol-related DUI type is known as a "less safe" DUI. This charge is levied when a driver is arrested for DUI, but no breath or blood test results are available. To secure a conviction for DUI less safe, the state must prove, beyond a reasonable doubt, that the driver is less safe to operate a vehicle due to alcohol consumption compared to not having consumed any alcohol. Prosecutors can present direct evidence, such as erratic driving, accidents, or weaving on the roadway, as well as circumstantial evidence like the driver's appearance, including the odor of alcohol, slurred speech, and unsteadiness on their feet. Standardized field sobriety tests can also be used by prosecutors to demonstrate that a driver is less safe.
DUI “LESS SAFE DRUGS”
In addition to the two types of alcohol-related DUIs, there are subsections related to drug offenses. The first is DUI less safe drugs, where the state must prove that the driver is less safe to drive due to drug consumption. It is crucial to note that the definition of a drug for law enforcement purposes is broader than its colloquial definition.
DUI INVOLVING GLUE, AEROSOL, OR OTHER TOXIC VAPOR
The next drug-related DUI is a DUI involving glue, aerosol, or other toxic vapors to the extent that it is less safe for the person to drive. These DUIs can be challenging to detect and prosecute as the effects of the underlying substances can be stronger and more fleeting than those of many other drugs. This is the least common type of DUI in Georgia.
DUI MARIJUANA
The third drug-related DUI involves any amount of marijuana or a controlled substance, as defined in O.C.G.A. § 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives, regardless of the presence of alcohol in the person’s breath or blood. Importantly, there is no minimum amount for marijuana DUIs in Georgia; an individual can be convicted with any detectable amount. Most marijuana-related convictions arise from individuals using or possessing marijuana in their vehicles.
COMBINED DUI
The final DUI type specified in O.C.G.A. § 40-6-391 is a combo DUI, which occurs when an individual is under the combined influence of any two or more specified substances. It is crucial to enlist an attorney well-versed in Georgia DUI law, as not every criminal defense attorney can effectively handle these cases. At KN Attorneys, we possess the experience and knowledge necessary to defend against any type of DUI in Georgia. Contact us today to arrange a consultation.