Two charges. Two very different strategies. Here’s what drivers need to know.
If you’ve been charged with DUI in Georgia, you may have noticed something strange on your citation or bond paperwork — it might say:
You might be wondering: what’s the difference? Does it matter? And how does it affect your case?
At EHG Law Firm, we represent drivers across Metro Atlanta facing all types of DUI charges — and understanding the difference between these two can be the key to your defense.
🔍 What is DUI Per Se?
DUI Per Se is what most people think of when they hear “DUI.” It means you:
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Took a breath, blood, or urine test, and
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The result showed a blood alcohol concentration (BAC) of 0.08% or higher,
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At the time of driving or within 3 hours
It doesn’t matter whether you felt drunk, slurred your speech, or drove erratically.
If the test result says 0.08% or more — and the test was properly administered — the state may try to convict you based on that alone.
This is why it’s called “Per Se” — the BAC number itself makes it a DUI, legally.
🔎 What is DUI Less Safe?
DUI Less Safe doesn’t require a chemical test at all. It means the officer believed:
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You were impaired by alcohol or drugs, and
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That impairment made it “less safe” for you to drive
This charge is often used when:
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You refused the breath or blood test
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The officer only observed physical signs (e.g., slurred speech, glassy eyes, odor of alcohol)
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Drug impairment is suspected (even prescription)
It’s subjective — and often more open to challenge, especially with bodycam footage and experienced cross-examination.
🚔 Can You Be Charged With Both?
Yes — and many people are.
Officers often list both DUI Less Safe and DUI Per Se on the same citation so prosecutors have options. If the chemical test is thrown out, they can fall back on the “Less Safe” theory.
But that flexibility goes both ways. It also gives us an opportunity to:
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Challenge the breath or blood test
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Attack the officer’s observations
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Suppress key evidence and limit the state’s ability to prove its case
A Real Story: .12 BAC — Still Dismissed
One of our clients was arrested in Fulton County and charged with DUI Per Se after blowing a 0.12 on the Intoxilyzer — well above the legal limit. On paper, it looked like an open-and-shut case.
But when we reviewed the bodycam footage, we found several critical problems:
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There was a delay in the reading of Implied Consent warning
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The officer failed to observe the client for the full 20-minute deprivation period required under Georgia DUI protocol
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The officer did not read the warning verbatim
We filed a motion to suppress the breath test. With no chemical evidence and weak signs of impairment, the prosecutor dismissed the DUI and offered a non-DUI resolution.
No conviction. No jail. No license suspension.
Why This Distinction Matters for Your Defense
Each charge requires a different defense strategy:
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Per Se DUIs hinge on science, procedure, and test reliability
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Less Safe DUIs depend on behavior, officer opinion, and interpretation
Knowing which charge is stronger — and where the weaknesses lie — shapes every step we take on your behalf.
We routinely use:
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Bodycam analysis
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Dashcam footage
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Cross-examination of officer training
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Scientific challenges to timing and process
You can’t fight what you don’t understand — and many people don’t even realize which type of DUI they’re actually facing.
We Fight DUI Charges Across Metro Atlanta
We represent clients in:
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Fulton, DeKalb, Cobb, and Gwinnett County State and Superior Courts
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Atlanta Municipal Court
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City courts in Decatur, Sandy Springs, Marietta, East Point, Alpharetta, Roswell, and more
Whether you blew over the limit or refused entirely, we know how to fight both DUI Per Se and DUI Less Safe charges — and when to push for dismissal or reduction.
Charged With DUI? Let’s Talk.
Before you go to court, talk to a lawyer who understands the science and the strategy. We’ll review your paperwork, explain what each charge means, and help you take the best next step.