There are six types of DUI

1. Driving Under the Influence - Less Safe

O.C.G.A. §40-6-391(a)(1) makes it a crime to 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.  This is the basic DUI law that makes drunk driving illegal.  Through the years, politicians have made it easier for prosecutors to win cases by expanding the definitions of "drunk" and "driving".

"Drunk" is really defined as being under the influence of alcohol to the extent that it is less safe to drive.  Judges and prosecutors liberally assume a driver is in a "less safe" condition from the existence of any traffic violation, such as speeding, weaving, improper backing, or failure to signal.  Juries often assume that if there are any physical manifestations of drinking, i.e., bloodshot eyes, slurred speech, unsteady walk or order of alcohol that the accused was in a "less safe" condition if he was pulled over for a traffic violation.  On the other hand, the appellate courts have held that a driver can be in a "less safe" condition even if he or she was not driving poorly - "less safe" refers the condition of the driver, not the quality of his or her driving.

"Driving" has been given a broad meaning as well.  If you are intoxicated and are sitting in a parked car with the motor running, coasting in neutral in your own driveway, or simply starting a car, you may be lawfully convicted of DUI.  DUI can be committed on private property and in any kind of moving vehicle, including go-carts, golf carts, and boats.

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