When you're pulled over for a DUI, the natural next step is to wonder, “How do I beat a less safe DUI?” At Brett Willis Law, we know how intimidating this can seem. Most people who are charged with a DUI have never been to jail before, much less stood before a judge or jury as a defendant. We're here to ease your fears by discussing the best strategy to beat a less safe DUI charge.
What Is a Less Safe DUI?
Before we go into the best way to beat a less safe DUI, let's look at what a less safe DUI actually is. The legal blood alcohol content (BAC) limit in Georgia is 0.08%. Many think surpassing this limit is the only way to get charged with a DUI; however, this is not the case. You can actually be charged with a DUI if the government doesn't have a blood, breath, or urine test against you. This is called a less safe DUI.
Best Strategy to Beat a Less Safe DUI
Before trying to beat a less safe DUI, recognize that the government doesn't have a test. Likely, all they're going to have is your performance on field sobriety tests. The jury is going to be studying the video and watching your performance to determine whether you're guilty or not.
The best way to beat a less safe DUI is usually by insisting on having a trial. Because the government does not have a test to prove you were a less safe driver, they're going to have to do it without any real science. If you insist on moving forward with your case, then you'll have a jury of peers on your side, along with your criminal defense lawyer, who can advocate for your innocence.
When Should I Not Insist on a Less Safe DUI Trial?
A less safe DUI trial is not the best case in all options, however. If the video of your field sobriety tests shows that you're falling over, losing your balance, or are generally disoriented, then you may not want to insist on a trial. This is true even if you were sober at the time of taking the field sobriety tests. As long as you look guilty in the video, it may be used against you in the trial. Otherwise, this is the time to be aggressive.
What Are the Consequences of a Less Safe DUI Conviction?
Less safe DUI convictions are less common but not impossible. There might be no hard evidence that you were under the influence, but if the prosecution can successfully prove beyond a reasonable doubt you were, then you'll be in trouble.
It's important to note that there is no distinction between a less safe DUI and the other kind, per se DUI. If you get convicted of a less safe DUI, you'll be facing the same consequences as someone who failed the BAC test. Some of these penalties include:
- Fines of up to $1,000
- At least 24 hours of jail time
- Losing a commercial driver's license for up to a year
Besides these, you'll also face higher insurance costs, rejection from certain schools, and so on. It's important to have a skilled DUI lawyer on your side, like Brett Willis.
Beat a Less Safe DUI by Contacting Brett Willis Law Today
If you've been charged with a less safe DUI, you should call an experienced DUI lawyer as soon as possible. If you do, you may be able to write an appeal to the Department of Driver Services to halt the suspension of your license. You'll also have an advocate by your side every step of the way, from answering questions in the initial consultation to defending you before a jury. Contact us today if you need help beating a less safe DUI.