An off duty UPS driver rear-end the Clayton County Commission Chair Eldrin Bell at a police DUI roadblock on December 17th, 2010. He was arrested for DUI and later blew under the 0.080 legal limit at a 0.071. Clayton County Police charged him with less safe DUI.

This case highlights the popular misconception that if you are under the legal limit in Georgia of 0.080 you will not be charged with DUI. First, even without a breath test police can charge you with a less safe DUI or a DUI where they have to prove you are impaired by alcohol. Second, you have to be under arrest for DUI to blow in the first place.