Can I Still Be Charged Under the Legal Limit?
You may be wondering: If I blow below the legal limit, can I still be charged with DUI in Georgia?
The answer is yes.
In Georgia, there are two primary ways a prosecutor can pursue a DUI alcohol charge: DUI per se and DUI less safe.
A DUI per se charge is based strictly on the chemical test result. If your blood, breath, or urine test shows a blood alcohol concentration (BAC) of 0.08% or higher, the law considers you legally impaired — “per se” — based solely on that number.
However, even if there is no chemical test or your BAC result is below 0.08%, a prosecutor can still charge you with DUI less safe.
To prove DUI less safe, the State must show that you were driving — or in actual physical control of a moving vehicle — while under the influence of alcohol to the extent that it made you a less safe driver than you would have been if you had not been drinking. In other words, they must argue that alcohol impaired you enough to affect your ability to drive safely.
This means that being under the legal limit does not automatically prevent a DUI charge. The focus in a less safe case is not just the number — it’s whether the officer and prosecutor believe your ability to drive was impaired.
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