University of Georgia Bulldog Clint Boling was arrested for DUI less safe last week after being pulled over for driving erratically on GA. 120 at 1:30 A.M. on May 14, 2008 as reported by the Atlanta Journal Constitution.  UGA Athletics policy requires that a player who is involved in an alcohol related arrest miss 10% of the season.  The arrest will also trigger a review by the UGA's Office of Judicial Programs.  If found guilty of violating the student code, he would be on probation at the university for one year.  Boling told police was not drinking and refused a breath test.  

At 19 years of age, a driver arrested for Georgia DUI will lose his license for a year to six months whether he takes a state administered test or not, so there is no real incentive to blow.  Then DUI legal limit for Georgia drivers under 21 is 0.02 which is not impaired, less safe or drunk by any reasonable standard and represents a zero tolerance standard.  However, without a test the State must still prove beyond a reasonable doubt that a driver is less safe which is difficult unless the driver's alcohol concentration is generally well over 0.12 (the legal limit back in 1980's when cooler heads prevailed).  Less safe is generally evidence by unexplained weaving or an accident, poor performance on field dexterity evaluations, and/or by appearance and demeanor clearly suggestive of impairment.  Metro Atlanta DUI and Alpharetta DUI college students be forewarned!

---