What is “Less Safe” DUI? In almost any state, “less safe” means the police officer, after observing various factors surrounding your driving, conduct, speech and roadside Field Sobriety Tests, believes your intoxication renders you “less safe” to drive. The Officer will testify he observed bad (unsafe) driving, sluggish mannerisms, unsteady walk, slurred speech, bloodshot and/or glassy eyes, and anything else you do at the scene which makes you look intoxicated. A conviction under this prong of the law does NOT require a BAC (Blood Alcohol Content) test result.