Legal Question in DUI Law in Georgia

.06 DUI Less Safe?

I was pulled over by an officer who had previously arrested me for DUI about 5 years ago. He said he stopped me because he saw the passenger in my vehicle take a drink from a beer can. Which by the way was in a container covering the label of the can. After writing a ticket to the passenger for the open container and having him do the breathilizer test he began to question my sobriety. I had no open containers but I performed the requested field sobriety test. After blowing a .06 he arrested me for DUI less safe. At the time of arrest he coincendtally asked me ''Didn't I arrest you about 5 years ago?'' Then he let the passenger drive my truck home.

I did not receive any other ticket to prove that I was less safe (ie- running a stop sign, swerving, etc.). How without a ticket to prove that I was ''less safe'' by me, the driver, doing something ''less safe'' could I be charged and convicted of it?

Asked on 2/02/03, 7:56 pm

1 Answer from Attorneys

Dan Conaway Conaway&Strickler, P.C.

Re: .06 DUI Less Safe?


We will be more than happy to help. You can definitely be charged with DUI - Less Safe without any other citations. The question is - can you be CONVICTED of such a charge. Techinically, the answer is yes, but realistically, the answer is no. Call us and we can hopefully get your charge reduced or dismissed. Our number is 404-816-5000 or 1-888-883-9091. You can also email us at We look forward to hearing from you.


Dan Conaway

Conaway & Strickler, PC

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Answered on 2/03/03, 4:24 pm

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