Hinesville Less Safe DUI Attorney

Arrested for a Less Safe DUI in Hinesville? Contact Us Today

At Jarrett Maillet J.D., P.C., our Hinesville Less Safe DUI defense lawyer has the knowledge, skills, and professional expertise that you can trust. A Less Safe drunk driving charge is a serious matter in Georgia. A conviction could lead to the suspension of your license and jail time. Are you facing a criminal charge for a Less Safe DUI in Liberty County? We are more than ready to help. Contact our Hinesville DUI defense lawyer today for a fully confidential consultation. 

What is a Less Safe DUI? (A Crime in Georgia)

Georgia has a specialized offense for the charge of “Less Safe” DUI. Under O.C.G.A. § 40-6-391(a)(1), a person commits DUI if they operate or maintain actual physical control of a moving vehicle while under the influence of alcohol, drugs, or another intoxicating substance to the extent that it is Less Safe for the person to drive. The key point to know about this charge is that it does not require proof of a specific blood alcohol concentration. In other words, a person could be convicted of a Less Safe DUI offense in Hinesville even if they did not have a BAC level of 0.08 or higher.

An Overview of Georgia’s Less Safe DUI Penalties

The penalties for a Less Safe DUI conviction generally mirror those imposed for other misdemeanor DUI offenses under O.C.G.A. § 40-6-391. For a first conviction, the court may impose a jail sentence ranging from 10 days to 12 months, although Georgia law allows most first offenders to serve only 24 hours of mandatory confinement. Courts may also impose fines between $300 and $1,000, along with statutory surcharges. Additional sentencing conditions often include 12 months of probation, completion of a DUI Alcohol or Drug Use Risk Reduction Program, and at least 40 hours of community service.

Jarrett Maillet is a Leading Georgia DUI Defense Lawyer

A Less Safe DUI is a more serious criminal charge than an ordinary DUI in Georgia. It is an offense that can carry jail time. As an experienced defense attorney, Jarrett Maillet has the criminal defense expertise needed to handle these charges. When you contact our law office, you will connect directly to a Hinesville Less Safety DUI defense lawyer who can: 

• Listen to your story and answer your legal questions; 
• Investigate the Less Safe DUI charge, gathering relevant evidence; 
• Represent you before the police and prosecutors; and
• Craft a defense strategy designed to protect your best interests. 

Less Safe DUIs in Hinesville: Frequently Asked Questions (FAQs)

Do police need a breath test result to charge someone with DUI in Hinesville, Georgia?

No. This is where Georgia’s Less Safe DUI law comes into play. State law allows prosecutors to pursue a DUI charge even without a specific blood alcohol concentration reading. Under O.C.G.A. § 40-6-391(a)(1), the State only needs to prove that alcohol or drugs made the driver Less Safe to operate a vehicle. Police can rely on driving behavior, roadside observations, and field sobriety evaluations. Your Hinesville, GA, Less Safe DUI defense attorney can help you challenge evidence. 

What types of driving behavior commonly lead to a Less Safe DUI investigation?

It depends. Though in Hinesville, law enforcement officers often initiate DUI investigations after observing unsafe driving conduct. Common triggers include drifting between lanes, erratic braking, unusually slow speeds, or failing to obey traffic signals. These observations may provide the basis for a traffic stop. Once the stop occurs, officers may conduct additional impairment investigations. If you believe you were subject to an unfair traffic stop without the officer having probable cause, an experienced Hinesville DUI defense attorney can help you challenge the stop. 

Is a Less Safe DUI different from a “per se” DUI in Georgia?

Yes. A per se DUI under O.C.G.A. § 40-6-391(a)(5) is based on a chemical test showing a blood alcohol concentration of 0.08 percent or higher. A Less Safe DUI does not require proof of a specific alcohol concentration. Instead, the State focuses on whether alcohol or drugs impaired the driver’s ability to operate a vehicle safely. Both charges fall under the same DUI statute but rely on different forms of proof. That is an important distinction. 

Contact Our Hinesville, GA Less Safe DUI Defense Lawyer

At Jarrett Maillet J.D., P.C., our Hinesville drunk driving defense attorney has the knowledge, skills, and experience to defend Less Safe DUI cases. Charged with a Less Safe DUI offense? We can help. Contact us right away to set up a fully confidential, no obligation case review. We defend Less Safe DUI charges in Hinesville, Liberty County, and throughout the region in Georgia.