DUI Less Safe charges for those below .08 BAC

SAVANNAH, GA (WTOC) - Did you know if you get behind the wheel after drinking you could still get a DUI charge even if you are below the legal limit?

That is the case for almost two dozen people in our area since the New Year holiday. Out of 24 DUI's in the last few days, 19 of those people are facing DUI Less Safe charges.

"It's not uncommon for people to get a DUI less safe," said Savannah-Chatham Metro Police Department Lt. Anthony Gallo.

For most people, they think of the .08 legal limit when it comes to getting a DUI. There are two types of DUI charges. DUI per se which means the blood-alcohol level of the driver is greater than the legal limit.

"A lot of the cars we stop are in that gray area," said Lt. Gallo.

DUI Less Safe means you are driving under the influence and even though you blow below the legal limit, you're not considered safe to be on the road.

"Per se, DUI is .08 grams percent. You can still get a DUI blow that up to .05 grams percent depending on your sobriety," said Lt. Gallo.

A lot of times people who get this charge are either speeding or failing to maintain their own lane.
Lt. Gallo tells me they also have trouble passing a field sobriety test or they have no control over their motor skills. It all depends on how you're driving and how sober you are.

"If you're drinking, anything you should consider taking a cab or having other arrangements or a designated driver," Lt. Gallo said.

He tells me the DUI Less Safe carries the same weight as a DUI and in Georgia that could mean at least $10,000 and, in Georgia, could stay on your record forever.

Copyright 2017 WTOC. All rights reserved.