Almost everyone knows it is illegal to drive drunk, but officials are telling Georgians they can be punished for driving while impaired by alcohol.

In Georgia a driver does not have to blow a Blood Alcohol Content of .08 – the legal limit for those 21 and up – to be charged with DUI, Lt. Scarlett Woods, a coordinator for the Governor’s Office of Highway Safety, said Tuesday in a telephone interview.

If caught driving impaired but under the limit, individuals can be charged with a less safe DUI.

The charge of less safe driving is levied when actions indicate the driver’s ability is compromised, local attorney Eric Eberhardt said.

“There is a possibility that the driver is not at a .08 level, but their driving ability is diminished to a point where they can’t keep it between the lines, they are speeding or running a stop sign,” Woods said.

A driver receives a regular DUI when the driver’s BAC is above a .08, regardless of physical manifestations. The fines for a less safe and per se DUIs are the same, but mandatory jail time is not required for a less safe charge, Eberhardt said.

Joseph Fu, University math department head, was arrested earlier this month and charged with driving under the influence but only blew a .057 when breathalyzed.

In Fu’s case, a police officer reported that he noticed Fu was making abrupt stops before he proceeded to drive up a one-way exit ramp on Loop 10, violating a Do Not Enter sign.

“Students and faculty should be aware that law enforcement is granted the discretion to make an arrest based on any observation they may see that they believe justifies a less safe charge,” Eberhardt said. “Everyone should be cautious of alcohol consumption and the perception it causes law enforcement.”