Georgia DUI Under the Legal Limit of .08
While Georgia has set the legal blood alcohol content (BAC) limit at .08%, you could still be arrested for driving under the influence (DUI) even if you are under this level. If an officer believes that your ability to drive was compromised by the consumption of alcohol, he or she may charge you with DUI “less safe.” By working with a qualified defense lawyer, you may be able to successfully resolve your Georgia DUI under the legal limit of .08% charge.
In a DUI less safe case, the only evidence the prosecution may have against you is the arresting officer’s testimony about your behavior and appearance before and after the traffic stop. Fortunately, a skilled Atlanta DUI attorney like Larry Kohn may be able challenge the officer’s observations. For example, if the officer states that your eyes were bloodshot or your speech was slurred, Mr. Kohn may point out that you have allergies or low blood sugar.
Your performance on the field sobriety tests may also be introduced as evidence. These tests, which include the horizontal gaze nystagmus, one-leg stand, and walk-and-turn, are used to determine if there is probable cause for a drunk-driving arrest. Your lawyer may review the videotape evidence in your case to see if the tests were administered and/or graded correctly. If the officer failed to follow the proper police protocol while administering these tests, your defense lawyer can challenge the results.
Several defenses can be used for a Georgia DUI under the legal limit of .08% cases. Your lawyer can analyze the officer’s police report to determine if there was probable cause to pull you over and arrest you for DUI. If the officer did not have a reason to stop you, any evidence collected could be inadmissible. Likewise with the arrest—if the officer had no probable cause to arrest you, the arrest may be deemed illegal and your charges could be thrown out.
At Head, Thomas, Webb and Willis, our defense attorneys have a high success rate of winning DUI less safe cases or reducing them to a non-DUI offense. Offering payment plans upon request, we charge affordable flat fees and can accept major credit cards.
To begin fighting your case, and to receive a FREE no-obligation, one-hour Georgia DUI case evaluation, please submit your information via our online form today. As a client, you will receive a FREE license appeal letter and a FREE copy of The DUI Book.