How Could the Police Charge me with two DUIs for one incident?

I’ve been asked many times how it’s possible to have been charged for more than one DUI for the same incident. What most people don’t realize is that in Georgia, there are many types of DUI that you could be found guilty of.

DUI Less Safe (alcohol) - This is the one of the primary charges given. DUI Less Safe (Alcohol) simply means that the State believes you drove less safely than someone who did not have alcohol in their system.

DUI Per Se (alcohol)- After your arrest for DUI, if you submitted to a blood, breath or urine test that showed your Blood Alcohol Content (BAC) was at or above .08 (the legal limit), you’ll be charged with DUI Per Se (alcohol).  This basically means that because it’s inherently illegal (or illegal per se) to drive with a BAC of .08 or more.

DUI Less Safe (drugs) - Just like DUI Less Safe (alcohol) the State believes your driving was less safe due to (legal or illegal) drugs (other than marijuana, which has its own charge) being in your system.

DUI (drugs) - After arrest, if you took a blood test that determined drugs (other than marijuana) were in your system while driving, you’ll be charged with DUI (drugs)

DUI Less Safe Drug and Alcohol- This is the charge if State believes you were under the influence of drugs (other than marijuana) and alcohol which caused you to drive less safe than you would’ve otherwise.

DUI Alcohol and Drug Per Se- If you tested positive for both alcohol and drugs (other than marijuana) after arrest, you’d be charged with DUI Alcohol and Drug Per Se

DUI Marijuana less safe- The State believes you were under the influence of marijuana causing you to drive less safe than without the marijuana in your system.

DUI Marijuana- This is the charge if you tested positive for Marijuana.

DUI Inhalants- This charge applies if the State believes that the use of toxic vapors before driving caused you to drive less safe.

DUI Child Endangerment - If you are found to be transporting children 14 years or younger in your car while under the influence of alcohol or drugs, you can be charged with this separate offense. This one is especially harmful because unlike the other charges that can possibly be merged into one another (i.e. if you’re charged with both less safe and per se, you might only be convicted of the per se charge) DUI Child Endangerment will have separate penalties and be listed as a separate conviction on your driving record.

Regardless of the type of DUI you are charged with, you need a competent, experienced attorney to analyze your case and provide the best defense possible. It could mean the difference between a conviction and a dismissal or not guilty.