Types of DUI Charges in Georgia

DUI Less Safe

O.C.G.A. § 40-6-391 (a) (1) states a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.  O.C.G.A. § 40-6-391 (a) (2) states a person shall not drive or be in actual physical control of any moving vehicle while under the influence of any drug to the extent that it is less safe for the person to drive.  This means the officer never got a state administered blood, breath or urine test or your attorney was able to suppress the results of the state administered test.  The prosecutor will try to present a case that relies on your driving manifestations, how you looked on the scene, your physical appearance, odor of alcohol, your performance on the field sobriety tests, any open containers and results of any portable breath tests.

DUI- Inhalants

O.C.G.A. § 40-6-391 (a) (3) states a person shall not drive or be in actual physical control of any moving vehicle while the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive.

DUI- Combination of Drugs and Alcohol

O.C.G.A. § 40-6-391 (a) (4) states a person shall not drive or be in actual physical control of any moving vehicle while under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive.

DUI- Per Se

O.C.G.A. § 40-6-391 (a) (5) states a person shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended.  This DUI charge is when the arresting officer gets a State administered blood or breath test.  The blood test is processed at the GBI crime lab.  The breath test is performed on a Intoxilyzer 9000.

DUI- Marijuana or a Controlled Substance

O.C.G.A. § 40-6-391 (a) (6) states a person shall not drive or be in actual physical control of any moving vehicle while subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.

DUI- Under 21

O.C.G.A. § 40-6-391 (k) (1) states a person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended.

DUI- Child Endangerment

O.C.G.A. § 40-6-391 (l) states a person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.