If you have been charged with a DUI, the State may attempt to convict you through one of two separate methods – DUI Less Safe or DUI per Se.
DUI LESS SAFE: DUI Less Safe refers to the charge of driving under the influence of drugs or alcohol to the extent that it is less safe for the person to drive (DUI Less Safe) – this charge required no proof of the blood alcohol level of the individual accused of DUI – simply a showing that the driver was less safe to operate a vehicle due to the amount of intoxicant (Alcohol or Drug) which they voluntarily ingested.
To show that a driver was “less safe” to drive due to the influence of drugs or alcohol, the state may or may not have a chemical sobriety test to support the charge. All that the state has to show is that there was circumstantial evidence that someone under the influence of drugs or alcohol was operating a “moving vehicle.”
The state must show that the defendant (1) was driving or had actual physical control of the vehicle & (2) was less safe to drive because he was under the influence of drugs or alcohol.
Mere evidence that the driver of the car had some alcohol in his system, whether through blood or a breathalyzer test, does not show that the driver was “less safe” to operate the vehicle. Usually, the state will call the officer who made the arrest to testify to his opinion that the person operating the vehicle was less safe to drive because of the influence of drugs or alcohol.
Defenses: To defend against a charge of DUI Less Safe, a defendant must either show that the state has not proven that he was operating or in physical control of a motor vehicle or that the state has not shown that he was impaired or less safe to drive because of drug or alcohol influence.
DUI PER SE: DUI Per Se is what people traditionally think of when discussing aa DUI – the State must prove that the individual charged with a DUI operated a motor vehicle while their Blood Alcohol Level was .08 or higher.
In order to prove this charge, the state must show have a chemical sobriety test showing that the driver’s blood alcohol content was at or above the 0.08%.
To defend against a DUI Per Se charge, the defendant must show that the state has not proven that the driver’s blood alcohol limit was at or above the legal limit of 0.08% or that the driver was not operating or in physical control of the vehicle.
The DUI Attorneys at Teague Law are intimately familiar with the charges of DUI less safe and DUI per se and are ready to guide you through the process of defending yourself against these charges. Contact one of the experienced DUI Attorneys at Teague Law in Ellijay, GA today, and let us begin fighting for you today.
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