Alcohol, drugs, and even prescription medication can all count as driving under the influence in Georgia when they make you a less safe driver. In Georgia, driving under the influence means operating a vehicle—or being in physical control of one—while a substance impairs your ability to drive. That substance is usually alcohol, but it doesn’t have to be.
You can be charged in one of two ways. The first is having a blood alcohol level at or above the legal limit. The second is being too impaired to drive safely, even when your number is lower. Both count as a DUI.
That gray area is where a lot of drivers get caught off guard. If you’re facing a charge and aren’t sure what the state actually has to prove, an Ellijay DUI defense lawyer at Teague Law can walk you through exactly where you stand.
The Legal Definition Behind a DUI Charge
Georgia law defines driving under the influence under O.C.G.A. § 40‑6‑391, which makes it illegal to drive while impaired by alcohol, drugs, or other substances. The statute is written broadly on purpose, and that’s something a lot of drivers don’t realize until they’re already facing a charge.
It doesn’t only target drunk drivers. It also covers prescription medication, marijuana, inhalants, and any mix of substances. What matters most is whether you were safe to drive, not what specifically caused the impairment.
That distinction shapes almost everything about how a case gets built and how it can be challenged.
Per Se vs. Less Safe: Two Different Kinds of Cases
Georgia prosecutes DUIs under two separate theories, and each one relies on different evidence. A per se DUI is based on a number. If your blood alcohol concentration tests at 0.08% or higher, the state doesn’t need much else to move forward.
A less-safe DUI works differently. Here, the officer believes a substance made you unable to drive safely, regardless of what your exact level turns out to be. These cases often hinge on how the officer describes your driving, your speech, and your behavior during the stop.
Discovering which theory applies to your case is important because the strategy for challenging a number is very different from the strategy for challenging an opinion.
Actual Physical Control: Why You Don’t Have to Be Driving
One detail catches a lot of people off guard: you don‘t have to be actively driving to be charged. Georgia law only requires that you be in “actual physical control” of the vehicle, and that standard is part of what counts as driving under the influence in Georgia.
Sitting in a parked car with the keys in the ignition can be enough. So can sleeping in the driver’s seat while impaired, even with the engine off. The state looks at whether you could have driven the car, not whether anyone actually saw you move it.
That single legal detail has turned plenty of bad nights into full criminal charges.
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Substances That Can Lead to a Charge
Alcohol is the most common substance behind a DUI, but it’s far from the only one. Illegal drugs, marijuana, prescription medication, and even certain inhalants can all lead to a charge, which is a big part of what counts as driving under the influence in Georgia.
A valid prescription is not automatic protection. If a medication affected your ability to drive safely, an officer and prosecutor can still build a case around it, even without a specific legal limit for that drug.
This is one reason drug-related DUI cases can be harder to predict than straightforward alcohol cases.
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Signs Officers Rely on to Build a Case
In a less-safe DUI, officers typically point to observable signs of impairment. That includes weaving between lanes, slurred speech, the smell of alcohol, red or watery eyes, and poor performance on field sobriety tests.
Much of this evidence comes down to opinion and observation rather than hard numbers, which makes it more open to challenge than a chemical test result. Road conditions, lighting, and even an unrelated medical issue can all explain behavior that gets misread as impairment.
A close look at the stop itself often reveals where the officer’s account doesn’t hold up.
Legal BAC Limits and What They Actually Mean
Georgia sets its legal limits at 0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. These numbers matter for per se cases, but they don’t tell the whole story of what counts as driving under the influence in Georgia.
Even below these limits, a driver can still be charged under the less safe theory if an officer believes impairment affected their driving. That’s why two people with the same test result can end up facing very different charges depending on how the stop unfolded.
What Happens After a DUI Charge
Once a DUI charge is filed, the case typically moves through an arraignment, pretrial motions, and possibly a trial if it isn’t resolved beforehand. Along the way, evidence like dashcam footage, breath or blood test records, and officer notes all come into play.
Penalties can include fines, license suspension, required classes, and in some cases jail time, with the specifics depending on prior offenses and the circumstances of the stop. None of this is set in stone the moment charges are filed. There’s often room to question the evidence long before a case reaches a courtroom.
Talk to a DUI Defense Attorney at Teague Law
Understanding what counts as driving under the influence in Georgia is the first step. Knowing how to respond to the charge is the next one.
At Teague Law, we were raised right here in North Georgia, and we stand up for people who feel outmatched by the system. With nearly two decades of combined experience, our team knows how local courts handle these cases and how to push for fair treatment.
If you’ve been charged, don’t guess about your rights. Contact Teague Law today to schedule a consultation and let our team fight for the outcome you deserve.
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