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.

2.  Driving With Unlawful Blood Alcohol Level

O.C.G.A. §40-6-391(a)(5) is Georgia's  "per se" DUI statute.  Anyone caught driving with a blood alcohol concentration (BAC) of 0.08 grams % or more is assumed to be so intoxicated that he or she cannot possibly be a safe driver.

Under this section of DUI law, there is no need to prove that a driver was driving poorly or even that he or she was feeling the effects of intoxication.  If you were over the limit and were behind the wheel, and the test result is admitted against you, a jury may convict you, period.  Don't despair if your test was over the limit; a skilled and knowledgeable DUI attorney can persuade the court or jury to disregard the test result in many instances.

Georgia's original DUI law set a 0.15 grams% limit for intoxication, which was endorsed by the American Medical Association at the time.  Since then, lobbying groups funded by big insurance companies have forced the federal government to "strong-arm" state governments into lowering their  "per se" DUI levels.  The U. S. Congress denied states highway construction money until each state passed laws lowering the legal intoxication limit.  Georgia bowed to this federal pressure twice, first lowering the legal limit to 0.12 grams%, and then, in 1994,  to 0.10 grams%. Georgia's limit has been lowered to 0.08 grams%, due to additional federal legislation enacted during the Reagan administration.  Many more drivers will be sent to jail for DUI who were never drunk.

Consider also that all breath tests and blood tests following a DUI arrest are taken an hour or two after driving.   Therefore, the test does not show the blood alcohol level at the time of driving at all.

Legislators think they cured this defect by changing the law to make it a crime to have a 0.08 grams% BAC at any time within three hours of driving.  A similarly worded Pennsylvania law was declared unconstitutional in 1995.  Currently, Georgia law interprets any test given within three hours of driving to be admissible.

Most accused drinking drivers submit to chemical testing of the breath, blood or urine and are charged under both (a)(1) and (a)(5), "DUI less safe" and "DUI per se."  Charging in the alternative is a strategy that makes it easier to convict you.  Prosecutors who do not understand the science of breath or blood testing can argue the importance of the breath test, and, at the same time, argue that the test is unnecessary because the driver was obviously "less safe."

For drivers under the age of 21, the law makes it illegal, for all practical purposes, to drink any amount of alcohol and then drive a car.  The "per se" level for drivers under 21 years old is 0.02 grams%.  This reflects "zero tolerance" policy on youthful offenders.  The problem is that the breathalyzer is not calibrated and the calibration is never checked to detect low levels of BAC.  A good number of young people are being unfairly stigmatized at a crucial period in their lives because of inaccuracies in the breath machines. 

Drivers holding a commercial driver's license (CDL) are subject to a per se level of 0.04 grams% while driving a commercial vehicle.  There are also automatic punishments for CDL holders who are shown to have any amount of alcohol on their breath.

3.  Driving Under the Influence of Drugs

O.C.G.A. §40-6-391(a)(2) makes it illegal for any person to drive while under the influence of any drug, legal or illegal, to the extent that it is less safe for the person to drive.  Drugs other than alcohol can and do impair motor skills and cognitive capability necessary to safely drive a car.  This "catch-all" DUI statute allows a conviction for driving under the influence of any drug whatsoever, be it Tylenol or crack cocaine; however, the prosecution (government lawyer) must still prove that the drug impaired the person's driving ability at the time he or she was driving.  Breath tests and most of the roadside coordination tests are specific to alcohol impairment, so drug impairment is harder to prove.

4.  Driving Under the Combined Influence of Alcohol and Drugs

O.C.G.A. §40-6-391(a)(4) makes it illegal to drive under the combined influence of alcohol, drugs, and/or toxic vapors to the extent that the driver is "less safe".  This law was passed to account for situations in which the driver had both alcohol and a drug in his or her system, and the government could not truly determine which drug impaired the driver more.  It is required that the prosecutor prove the driver to have been "less safe" under this code section.

5.  Driving Under the Influence of Toxic Vapors

A relatively rare provision, O.C.G.A. §40-6-391(a)(3), makes it illegal to drive under the "intentional" influence of any glue, aerosol, or other toxic vapor to the extent that the driver is "less safe."  This law was enacted to counter the defense that a toxic vapor is not a "drug."  As you might imagine, it is infrequently used, as glue sniffing or "huffing" is not particularly popular among those old enough to drive.

6.  Driving Under the Influence of Illegal Drugs

DUI - MARIJUANA LAW STRUCK DOWN BY CLARK & TOWNE

O.C.G.A. §40-6-391 (a)(6) makes it illegal to drive with any amount of an illegal drug in your blood or urine or with any amounts of metabolites of an illegal drug in your blood or urine, as long as that drug is NOT MARIJUANA.  The Georgia Supreme Court in Love v. State, a case argued and won by our firm in 1999, declared this subsection unconstitutional.  All prosecutions for DUI - marijuana must now be brought under subsection (a)(2), which requires the government to prove that the driver was incapable of driving safely due to marijuana use.  Prosecutions for DUI-cocaine or other illegal street drugs are routinely brought under this section.