Can You Be Charged With DUI If You Blow Under .08?

Posted by William H. Sherman on Mar 10, 2014 | 0 Comments

Question: I was driving from a friend's house in Dunwoody to my house in Alpharetta.  We ate dinner at an Italian restaurant in Dunwoody near the Perimeter Mall.  I had a couple of glasses of wine with my food.  I drank some coffee and had dessert.  On my way home I had a very small fender bender in Alpharetta.  The cop asked if I had anything to drink.  I said I had a glass of wine.  Anyway he arrested me for DUI and took me to the Alpharetta jail.  I took a breath test and I got a .072.  Since I'm under the limit why did he charge me with DUI?  Is it really DUI if I have a low breath test?

Answer: Georgia law provides that a driver can be charged with DUI if they are less safe because they have ingested alcohol or drugs.  In Georgia, per se DUI is a blood alcohol content of .08 or greater.  A BAC level under .08 can be charged as DUI less safe.  It appears that the Alpharetta police officer thought you were a less safe driver because you admitted to drinking and you were involved in a car accident, however minor.  You do not mention how you performed on the field sobriety tests, nor do you note whether you took the Alco-Sensor test on the street. The punishments for DUI per se and DUI less safe are similar.

About Us

We at the Sherman Law Group try to answer as many questions as possible on our blog.  If you have a question, email it to us and we'll do our best to answer it.  No names will be used.  Speak to an experienced Alpharetta DUI lawyer at the Sherman Law Group by calling 678-215-4106.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”