DUI less safe

What is a DUI less safe charge You, most likely understand that a DUI means you have a BAC over the limit, this is also called a DUI "per se", but you may not have heard of a DUI "less safe". This means you were a less safe driver due to drinking alcohol. In other words you were an impaired driver and incapable of driving safely. This charge does not require any proof of your BAC level and there is no bright line rule on what is an impaired driver. The jury or judge decides for themselves whether they believe beyond a reasonable doubt that you are an impaired driver or not. Why did you receive a DUI less safe charge If you refused to give a breath or blood test back at the police station you will be charged with DUI less safe. It is not a crime to refuse to blow, in fact it is your right to refuse a breath or blood test, however you will still be arrested for a DUI less safe. You may also be charged with this offense if you did provide a breath sample. The State may use the DUI less safe charge as a back up charge in case the breath test is thrown out of evidence. You may not have originally be given a ticket for both these charges but once you walk into court you will find yourself with these additional charges. What are the defenses A DUI less safe is really a matter of opinion. By showing there can be a difference of opinion as to whether you were less safe or not, the State will fail to prove their case beyond a reasonable doubt.