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