January 26th, 2023 by William C. Bubba Head | Posted in DUI Law |
What does DUI mean? The acronym “D.U.I.” is best known in the United States to represent the crime of driving under the influence. This same traffic violation crime is called either “drunk driving,” driving while impaired or driving while intoxicated in other states.
What’s DUI? This article explains “what is a DUI?” In addition, the authors explain the role of DUI defense attorneys when they undertake to defend those accused of operating a vehicle while under the influence of alcohol, drugs, noxious vapors, marijuana, or any other impairing substance of any type.
Those charged with intoxicated driving or impaired driving are sometimes encountered late at night, and then pass through DUI checkpoints or driver’s license checks that have been set up by local police or the Georgia State Patrol. These sobriety checkpoints, however, represent fewer than 2% of all DUI charges prosecutes in criminal courts annually in the State of Georgia.
7 Common Georgia DUI Law Questions Asked By Clients
By answering 7 common questions on “what is DUI,” and about impaired driving laws in GA, our DUI attorneys hope to alert those accused drivers of the many pitfalls that await them, if convicted of operating while impaired. In locating a DUI lawyer near me, if you are indigent, your criminal court judge will have to approve legal counsel being appointed for your criminal case.
How long does DUI stay on your record after conviction, before a DUI offense in Georgia be expunged at some time in the future? Forever, unfortunately. Georgia laws prohibit expunction (record restriction) including the criminal record of any DUI being reduced to reckless driving in Georgia. Plus, federal record keepers at the NCIC in Clarksburg WV never remove any OWI-DUI convictions, regardless of what state laws provide.
My plastic license was taken from me when I was arrested. How do I get my plastic driver’s license back? This is a highly important issue, because the officer is supposed to replace your plastic with a temporary “limited driving permit.”
Is jail time required for a first offense DUI? The statute, C.G.A. 40-6-391, calls for between 10 days to 12 months, but in a 1st DUI within a 10 year period, based on dates of arrest, a driver who does not have a BAC test of her or his alcohol level in excess of 0.08 grams percent can have legal counsel to request that the judge probate all jail time beyond whatever time the defendant served after being arrested for being alleged driving impaired.
As between DWI vs DUI, which is worse? These are the same crimes, but each state enacts its motor vehicle crimes, and “names” the offense as that state sees fit. In the USA, over a dozen different acronyms are abbreviations pointing to the same crime of being under the influence (DUI) and being a high-risk driver, in terms of traffic safety issues.
How does DUI affect car insurance rates? Following notice of a conviction for drunken driving, many insurers drop the person, unless state laws do not allow the company to do that. When the next policy renewal goes into effect, most insurance DUI premiums will double, triple or more.
Plus, the car insurance quote for a high-risk driver policy usually is only offered with lower liability rates and will not offer an umbrella policy. These drivers with a DUI will find that for three years or more, their rates will be substantially higher.
What happens if I am convicted of a felony DUI in Georgia? Jail time is mandatory. All punishments are much more punitive in terms of the minimum number of community service hours (480), fines and surcharges and loss of all driving privileges after a total driver license revocation for five (5) years.
Are DUI checkpoints near me legal? Possibly not, but this can only be determined by examining all of the police agency’s paperwork showing that the commanding officers in their office were not allowing bias or discrimination against any group by having all roadblock locations selected at a “programmatic level” and not by the officer patrolling the streets.
Can You Get a C.D.L. With a DUI On Your Driving Record?
With only 1 prior DUI conviction, possibly after a full one year after conviction. With two DUIs, the waiting period will be 10 years after the last conviction date. Then, a bigger question is which companies will hire you?
The acronym “CDL” represents the phrase “commercial driver’s license.” Since 1992, the United States (for interstate commerce vehicles) has regulated the issuance of a special “overlay” of a regular state-issued operator’s license through the Federal Motor Carrier Safety Administration (part of the federal D.O.T.)
The requirements for approving interstate drivers vary, depending upon whether the commercial license holder gets approved for transporting hazardous materials or explosive cargo. Multiple levels of basic and advanced training for different types of commercial license “overlays” are part of training in all states. Roughly 4 million commercial vehicle licenses exist in the United States in 2023.
Comparing Attorneys for DUI Near Me for My Criminal Defense
Our criminal defense law firm practices across the State of Georgia. In addition, by attending and occasionally speaking at national DUI-DWI seminars, our collective courtroom experience has brought our lawyers for DUI defense in contact with hundreds of skilled DUI defense attorneys across America.
Don’t simply select your criminal attorney from a flashy web site. Look at the proven credentials and verifiable attorney reviews prior to selecting a DWI-DUI attorney to fight your DUI charges.
Call today at 404-567-5515, for help on a GA DUI case. If accused in any other State, please call our DUI defense lawyers for a name, and her or his contact information. You call is FREE and our criminal law attorneys’ initial legal advice is FREE. Plus, if done within a few days after your arrest, this call may alert you to important deadlines for protecting your right to drive, that you may have overlooked.
January 25th, 2023 by William C. Bubba Head | Posted in DUI Law |
After an arrest, most accused citizens begin the process of searching for DUI lawyers near me to do whatever is needed to keep a DUI off his or her record. One major consideration is the cost of DUI lawyer legal services, which is the general theme of this extensive page.
The types of cases range from the simplest (e.g., a first-time DUI offender stopped at DUI checkpoint with no bad driving observed, and the DUI suspect knew to not talk and to not try to perform any field sobriety tests) to the toughest (i.e., a repeat DUI offender who caused a highway crash that resulted in felony offense vehicular homicide charges).
Since about half of all DUI arrests in the Peach State occur within counties located within a 50-mile radius of the Capitol Dome, 50% of those facing Georgia DUI arrests focus on hiring a DUI-DWI attorney who serves Atlanta, and the surrounding areas. As will be learned below, the range of lawyer fee widely vary, depending on skill level, success rates and the “track record” for case reductions or dismissals by that criminal defense attorney.
Due to our United States Constitution (in the Sixth Amendment) guaranteeing legal aid representation to all people charged with crimes, those without funds for legal representation may be defended by pro bono lawyers near me in Atlanta. Until your first court date (which is called the “Arraignment”), it may not be possible to learn if your criminal court judge will assign a free lawyer near me.
If I Need a Best DUI Attorney Near Me, What Will That Cost?
DUI attorney cost varies widely. Two simple maxims almost always hold true:
(a) If a low fee is quoted by a Georgia attorney, then (statistically) a higher percentage of the clients retaining these lawyers for their cases end up with DUI convictions.
(b) The second maxim is that if a high fee is quoted by a law firm with top legal industry credentials, that private attorney near me will be fighting your case on every obscure legal theory, and every hidden legal error or flaw in the arrest, booking and ticket-writing process. These lawyers are “in it for the long haul,” for as long as it takes to get a victory. This aggressive defense approach will include helping you to find the best solution for the administrative license suspension issues (at the start of your DUI GA case) to filing a stack of pre-trial motions seeking to exclude much of the State’s evidence, before trial starts.
In the final analysis, logic tells you that if the high-priced legal professional was not obtaining “great” outcomes, he or she would not be able to stay in business by charging more than the cheap DUI lawyers. As a rule, the prices charged by a top-rated DUI lawyer will vary somewhat depending on these factors:
Experience level of the DUI defense lawyer that you are interviewing, and this qualification means FOR FIGHTING By reading the online attorney ratings from prior clients, plus reading any posted case histories (in highly difficult cases), you can get an idea about those DWI attorneys near me who fight relentlessly (and get great results), even for seemingly impossible DUI cases.
The identity of your Court, and its location (in proximity of the law firm’s office) and that local court’s prior history (and the “difficulty” level) of your court and its judges. With over 1000 different courts processing DUI cases, you may rest assured that many pro-prosecution courts are not “easy” to work with. Others will be both reasonable and predictable about how their prosecutors and judges will “handle” certain cases. The best DUI lawyers near me KNOW these courts because they have had vast trial and litigation experience in all Georgia courts.
When a distant court must be traveled to and from several times, those ours and costs of getting back and forth will be an added expense. However, if you goal is to NOT have a DUI on your record, you want the legal warrior who will not turn tail and run, when the going gets tough.
Like surgeons, you want to find and hire the best lawyers for DUI near me, since a botched surgery is the last thing that a person wants to experience. Plus, in the Internet era, the “victims” of botched surgeries will quickly spread the word about their bad outcomes.
What Is the Cost of a DUI, If I Hire a DUI Defense Attorney Near Me?
Luckily, over 80% of all DUI arrests each year are for those facing a 1st DUI charge. The accused citizen has no idea if it will be a flat rate fee to hire a lawyer in Atlanta, or if lawyers charge by the hour. So, what are the attorneys’ fees for top drunk driving lawyers?
In addition, most people have an immediate fear and aversion to possibly serving jail time. Secondly, many criminal defendants have a fear about to undergoing a jury trial, even if she or he is indigent and qualifies for free legal representation. Even in the indigent case, these defendants will have fines, court fees and DUI school to pay for, out of their own pockets.
Before you get an answer to the question “How much does a lawyer cost?” and opt to not fight your DUI in Georgia, spend some time learning more about the DUI penaltiesand long-term consequences of a DUI conviction. Plus, since you are NOT a drunk driving defense lawyer, you cannot judge how good or how bad your DUI GA case may be.
Legal services for defending a driving under the influence case vary greatly, especially when you compare what the top-rated DUI law firms do to fight cases, compared to what the low-cost lawyers will undertake on your behalf. One north Fulton County municipal court prosecutor told our senior partner that only 1 in 10 DUI attorneys who came to her court representing their clients had even procured the DUI arrest video before pleading their clients guilty.
Cost of an Attorney vs Cost of Being Convicted. The many, painful DUI penalties and long-term consequences of a DUI conviction will haunt you for decades, if not the remainder of your life.
When a valuable job is lost, this loss of future income can easily exceed a million dollars or more. It can be far more expensive to NOT fight a DUI case and try to deal with impediments and limitations on your future business and family plans, than the relatively minor DUI lawyer cost needed to hire the best DUI lawyer in Georgia.
How much does a DUI cost over ten years? This calculation of the “DUI price” cannot merely look at the out-of-pocket costs for the guilty plea to a GA DUI. For example, if you can no longer rent a car from AVIS or Hertz, or travel to places like Canada, what is that “cost?”
Boosted car insurance rates will follow for at least three years. If you buy life insurance, your premiums will usually be higher, due to you showing higher risk behavior. Even loan rates can be non-preferred at banks, of your credit report picks up that conviction.
The Difference Between a General Practitioner and a Specialist in DUI Defense
In addition to being local attorneys near me with payment plans, all three partners at our DUI law firm in Atlanta GA are legal book co-authors. William Head has over 12 DUI books to his credit, as the author or co-author. Larry Kohn and Cory Yager each have two DUI law book co-authorship credentials, so far.
Ask Our DUI Lawyers About Our DUI Attorney Payment Plan
For most clients, DUI defense attorney fees at our DUI law firm can be paid in monthly increments since our criminal cases typically last for many months or even for years. The Pandemic that started in 2020 has stretched cases out for longer than usual.
When taking with one of our criminal lawyers, ask about our DUI attorney payment plans. Our legal team answer calls 24 hours a day and 7 days a week, including holidays and weekends. Our affordable DUI lawyers near me know that citizens facing the embarrassment and humiliation of a DUI arrest in Georgia need to speak with knowledgeable legal counsel as soon as possible.
Call TODAY and speak to a law partner, and receive your FREE PDF copy of Mr. Head’s 430-page drunk driving book for clients. Expect to receive a FREE case assessment, and a FREE lawyer consultation from one of our award-winning DUI attorneys. 404-567-5515. We always respect your privacy.
Other helpful links that may be of some help to you:
September 26th, 2022 by William C. Bubba Head | Posted in Driving Law, DUI Law |
In the State of Georgia, it stays there all the way to the grave. Georgia laws for record restriction and expungement do not allow any removal of a DUI conviction (whether no “no contest” or guilty) , nor a reckless driving conviction or nolo contendere plea if that case was a reduction from a driving under the influence case.
The first thing that every accused citizen arrested for intoxicated driving needs to know is that all DUI cases in Georgia are criminal offenses, with mandatory probation and jail time. Thus, the United States Constitution guarantees your right to a public defender if you cannot afford private legal representation. In 100% of these cases, use your Constitutional right, under the Sixth Amendment.
For this reason, our law firm talks to several hundred accused citizens annually, and all are seeking our legal advice on how to get out of a DUI in Georgia. After writing a book (in 1991) called “101 Ways to Avoid a Drunk Driving Conviction,” Atlanta DUI lawyer William C. Head gained national recognition for empowering people to seek the best legal counsel for their impaired driving cases.
Since then, he has authored or co-authored another dozen books on driving while intoxicated cases, in a variety of states. Today, he is teamed up with former cop turned Atlanta DUI attorney Cory Yager and AVVO superstar Larry Kohn. Each of the partners has been with Mr. Head since their law school days.
How can I read up on Georgia DUI laws to see what I am facing? When you contact our lawyers for DUI near me, ask for the FREE PDF copy of Mr. Head’s DUI book for non-lawyers, called “The DUI Book.” Then, when you meet with our DUI lawyers near me, our legal professionals can answer all your other questions, such as payment plans for attorney’s fees.
The 9 Most Common Questions Asked of Our Criminal Defense Attorneys (FAQs)
1. Should I have taken the breathalyzer test after my arrest for DUI? All states have been “encouraged” to enact implied consent laws that suspend a driver’s ability to drive is she or he refuses to submit to the breathalyzer or blood test requested by police, after the DUI arrest. In Georgia, that total license suspension is for 12 full months.
I also read online that I can install and pay for an ignition interlock device for 12 months. Is that wise to do, or should I file a DDS GA appeal? Yes, if you are an eligible Georgia licensee. This is a very important issue to go over with our best attorneys near me, during your no-cost free consultation.
2. What does DUI mean? My traffic citation for driving under the influence has the notation “OCGA 40-6-391.” The other traffic tickets have different citation numbers and code sections. The traffic ticket is the accusation against you. Each new motor vehicle charge should have a different code section.
What does DWI stand for? Either driving while intoxicated (TX) or driving while impaired (NC).
3. The law enforcement officer never saw me driving a moving vehicle. Does this mean I cannot be convicted? Our GA laws changed over 30 years ago to cover actual physical control. If you were in the driver’s seat, and have the key (fob, or other means to start the vehicle), you may be charged with D.U.I.
4. For the best lawyers near me in Atlanta GA, how much does a DUI lawyer cost? Fees are set by each law office. Generally, the best lawyers will be charging more, due to how they approach each case, and their track records for success. The purpose of the free lawyer consultation is to explain all that will be done to help you win.
6. On a 2nd DUI in GA, I read a website written by lawyers for DUI near me that says that I could lose my right to drive for 120 days. Is that true? If convicted, yes. If your second offense DUI is reduced to a lesser crime (e.g., reckless driving GA) then you avoid this mandatory loss of driving privileges.
7. My case is pending in the Atlanta Traffic Court located at 150 Garnett Street. Should I demand a jury trial and move the case over to Fulton County State Court? No, don’t do that. This court has fair prosecutors that may offer you a favorable outcome, if you have legal counsel that has found flaws in the arrest, testing and/or booking process.
8. Would going ahead and taking the DUI school course early help my cause, or be a wise move for me to make? It cannot hurt you and may help you. In some of our courts, it is very highly valued to be proactive like this.
9. If I submitted to the post-arrest blood alcohol test, will that sample also be tested for marijuana? Good question. Usually, if your blood alcohol level is over the legal limit, then the GBI won’t retest for drugs. But our lawyers near me for DUI will request to have access to that blood, to look for proof of prescribed medications (e.g., zolpidem or Ambien) that may have identified a medical condition (unintentional or somnambulant driving) known as “sleep-driving.”
How Can I Judge My Chances to Beat a DUI Less Safe Case in Georgia?
When a person faces a DUI alcohol less safe case in Georgia, the decision about whether the accused driver has been proven to be a less safe driver is up to the “trier of fact.” This is either a jury, or a judge at a “bench trial” (if the accused citizen or his or her DUI lawyer opts to submit the guilt-innocence phase of the DUI case to a judge sitting without a jury).
Because tens of thousands of Georgia DUI arrests begin their criminal court journey in a municipal court in Georgia, which is one of several non-jury, entry-level courts, the major factor is deciding on a “judge trial” over a trial by jury is the judge’s reputation for fairness and being even-handed. Because the municipal court judge assigned to hear the DUI case is appointed in all municipal courts except one, some judges make their rulings based on retaining their appointment by the mayor, the city manager, or by the mayor and city council.
The truth is that most accused citizens are poor judges of their chances to win a DUI case. This is because 99% of our clients have never had any kind of criminal trial, and have never watched a trial of any type, especially not an OCGA DUI less safe case.
Virtually 100% have never watched a DUI trial, nor know the intricacies of GA DUI law, or have been the accused person in a DUI prosecution. Plus, a non-lawyer will have no knowledge about how to exclude field sobriety test evidence, or a breath alcohol test, based upon various legal issues surrounding these common legal issues in drunken driving cases.
These factors can make a HUGE difference in any DUI case, and a seasoned, experienced DUI attorney can assess the chances of success to a reasonable degree of certainty, once he or she knows all the State’s evidence.
More Information About Our Three Award-Winning Legal Book Authors and DUI Defense Attorneys
With four GA metro Atlanta DUI law firm locations, our criminal law attorneys near me in Georgia will travel statewide to help accused citizens on their impaired driving cases. Call today for your FREE lawyer consultation at 404-567-5515.
May 4th, 2022 by William C. Bubba Head | Posted in DUI Law |
Attorney Bubba Head is one of the best criminal defense lawyers for Atlanta Municipal Court cases. Mr. Head and his expert team of criminal lawyers near me protect your constitutional rights in whatever case you face. Our passionate attorneys have the experience and skills required to understand the complexity of your criminal offense case. We have a proven track record of handling any type of driving offense, including DUI (driving under the influence), reckless driving, super speeding, and many more.
If you are accused of drunk driving, you need a solid legal defense team to save your future from the hassle of a lifelong conviction. In Georgia, drunk driving can lead to severe penalties including jail time and no more driving for a long time. Contact our criminal defense lawyers for Atlanta Municipal Court cases. They will help you obtain the best outcome in this stressful time. Work with us to get a restricted license so you can still get to work or school.
DUI Attorneys Near Me in Atlanta, GA
A DUI can be a felony or misdemeanor criminal charge that can subject you to severe penalties like suspension of your driver’s license for up to six years, loss of the right to register your motor vehicle, and a mandatory fine of $1100 or more. If you were arrested for drunk driving or drugged driving, you need to discuss your legal issue with Bubba Head, Cory Yager, or Larry Kohn immediately. We offer free initial consultations. Our Atlanta DUI attorneys have decades of experience in this field and are passionate about handling any sort of criminal defense matter.
DWI Vs. DUI: What Does DUI Stand for in the State of Georgia?
There is a minor difference between DUI and DWI, as DUI refers to driving under the influence while DWI stands for driving while impaired. In a DUI, drivers are charged with driving impaired because of alcohol or drug usage, or both. In a DWI, a conviction is achieved when the State proves the driver was too impaired or intoxicated to drive.
Call our DUI law firm near me in Sandy Springs, Atlanta, Alpharetta, or Marietta at (404) 567-5515 to speak directly with Bubba, Cory, or Larry. Set up a free initial consultation either in-person or virtual. Let them know all the details of your arrest: what the law enforcement officer did and said, what you said, which breath tests you took, and which field sobriety tests you agreed to take.
This blog posting is intended to answer many common questions about legal representation in a driving under the influence case in Georgia. By addressing these 13 Common DUI Law Issues, concerns and problems, most readers can better understand the hierarchy of criminal law attorneys who hold themselves out as DUI experts.
Because DUI-DWI is a nationwide legal subspecialty of criminal law, great competition, and demand for the professional legal services from top attorneys is very high. In all states, an impaired driving conviction can be harmful to that person’s future. But (unlike over one-third of states) in the Peach State any conviction remains for LIFE, even a lifetime first offense DUI. The criminal record can never “age off,” or be expunged.
This article by our law firm’s DUI practice leader, William Carl Head, covers some of the 97 Consequences of a DUI-DWI-OWI conviction. This nationally famous laundry list of financial, workplace, travel, driver’s license, car insurance and other inconveniences and lifetime implications can explain the value of NOT being convicted of drunken driving or drugged driving (e.g., usually avoiding jail time).
13 Common DUI Law Issues: Georgia DUI Lawyer Information
1 Who is Bubba Head? The Columbus, GA native has been an Atlanta DUI lawyer since 1990. Before that, he practiced in Athens, GA, where he attended and graduated from the University of Georgia undergraduate (BA ’73) and law school (JD ’76). After seeing the radical changes made to DUI enforcement in the 1980s under Presidents Ronald Reagan and George H. W. Bush, the criminal defense attorney began specializing in DUI defense, from 1991 and thereafter.
2 Why was I arrested on a traffic violation for DUI in Georgia? Drunken driving is one of the State’s serious driving offenses. Others include hit and run GA, attempting to elude a police officer, reckless driving and passing a stopped school bus discharging its passengers. All of these serious motor vehicle offenses require an arrest and booking.
3 How do I identify the Best DUI lawyers Near Me? Top lawyer ratings for DUI lawyers come from a combination of accolades and practice area accomplishments and achievements. Like any professional practice or business, book authorship is a universal benchmark, especially if that book is the recognized practice leader for guidebooks or use by other practitioners. Other attorney ratings services that have consensus acceptance as top “industry directories,” are also valuable.
4 What training and credentials should top drunk driving lawyers near me have? Because training courses have been offered to DUI defense lawyers since 1994, all top DUI practitioners should have these minimum training certificates:
Standardized Field Sobriety Test (SFSTs) Practitioner Course (20 to 24 hours). All students must take both a proficiency exam as well as pass the written test of questions to determine if the DWI SFST Manual was read and understood.
A multi-day training program for the State’s forensic DUI breath test device, which is the Intoxilyzer 9000 in Georgia.
A blood and urine laboratory testing multi-day course, with a proficiency exam at the end.
The top legal practitioners have more advanced training in the field sobriety tests and are INSTRUCTORS of the SFSTs. Plus, they have taken multiple urine and blood testing forensics training programs. Many of these advanced-level lawyers for DUI near me are also seminar speakers for other acolyte intoxicated driving lawyers.
5 Which lawyer ratings services indicate the top-rated DUI lawyers near me? Martindale-Hubbell “av” and preeminent (for at least 5 years), Super Lawyers (for at least 5 years), Best Lawyers in America (multiple years, but not fewer than 3). In addition, fewer than 50 DUI lawyers (nationwide) are Board-Certified in DUI Defense by the National College for DUI Defense, which is a voluntary written and verbal test of knowledge and skills for drunk driving defense.
6 If I am licensed in another state, will DWI attorneys near me know who William Head, Attorney in Georgia is? Yes, they should, even though Mr. Head has not been on the national speaker’s “circuit” for the last several years, most recently due to COVID concerns. Some may know him better as “Bubba Head, Attorney,” since that memorable nickname has helped make him famous.
7 If I am facing a vehicular homicide GA or SIBV (serious injury by vehicle) due to driving intoxicated that depends upon the State of Georgia proving the drunk driving conviction, which defense attorney is the best attorney near me for that kind of felony case? To make a medical analogy, these high-stakes cases are like a cancer surgeon dealing with Stage 3 and Stage 4 cancer patients.
Few law firms have handled over 100 of these difficult criminal law fatality and grievous bodily injury cases, as our legal office has. Managing these emotional cases can be very high stress since the maximum state prison time is up to 15 years per injury or death.
8 If I want to hire the best DUI lawyer in Georgia, will this be a DUI defense lawyer near me in Atlanta Georgia? The metro Atlanta area, and specifically Fulton County (3) and Dekalb County (1) have the only four (4) Board-Certified driving while intoxicated practitioners. However, many other excellent DUI law practice attorneys are scattered around the State.
9 What recognized DUI legal organizations have identified the best DUI-DWI lawyers near me? Only one time has the National College for DUI Defense called for a national vote of its members on their opinions about who was the best DUI attorney in America. That was in the year 2003.
The Dean of the NCDD that year was famed Texas DWI lawyer Gary Trichter. At that time, the non-profit group had 800 driving while impaired members from across the 50 states. William Head was named the nation’s best DUI attorney.
10 If my case is not docketed in an Atlanta area traffic court, who is the best Georgia DUI attorney at a local law firm in my court jurisdiction? Our law partners will travel to remote places in all corners of Georgia.
Usually, however, our legal professionals will “team up” with a local attorney who can help cover routine appearance issues and provide local insight about the “players” in the local criminal justice system (such as the best risk reduction school to attend). In addition, if a caller to our law firm needs a referral, our staff can direct callers to a local DUI lawyer in their court location.
11 Since I was asked for a blood alcohol test, and the results were over the legal limit of 0.08 grams percent, should I bother hiring a DUI defense attorney near me? Positively, you should. Georgia’s case law (from appeals to the Georgia Court of Appeals and Georgia Supreme Court) are among the nation’s best DUI appeal “rulings.” Dozens of legal attacks based upon Georgia implied consent law and compliance with strict rules pertaining to forensic testing can cause the blood test to be excluded.
12 What bearing does it have on my DUI case that the attorney I hire be a published law book author on a treatise or articles about DUI law? Like assessing a professional athlete, multiple criteria are factored in for judging “Hall of Fame” eligibility, such as being named All-Pro for several years.
If professional football is the sport, winning the Super Bowl is sort of a “shoe-in” credential, especially if it was while starting in a skill position, like quarterback or wide receiver. Insofar as DUI attorneys, law book authorship of the leading state DUI law treatise is the rarest credential and is a difference-maker in notoriety and perception by lawyers in different practice areas.
Next in rarity is Board Certification. Of the 4 Board-Certified Georgia DUI lawyers, only Mr. Head is a published book author among the board-certified DUI defense attorneys.
Fewer than 15 of the Board-Certified DUI-DWI legal professionals in America that are published book authors of their state DWI-OUI-DUI-OWI legal treatise. Mr. Head’s first book, 101 Ways to Avoid a Drunk Driving Conviction, was co-authored with the late Reese I. Joye, Jr., who passed away in 2008. This is one of the best-known NATIONAL DUI books, despite being written in 1991.
Since that first book, Bubba Head, DUI attorney Georgia, has written or co-authored more than a dozen more hardcover legal books. Starting in 1995, he wrote and self-published The Georgia DUI Trial Practice Manual. Thomson-Reuters, the world’s largest legal book publisher, has publishing rights to this popular law book.
Later, he added a co-author, Frank T. Gomez, a former prosecutor that Mr. Head hired as an associate DUI attorney. Sadly, Mr. Gomez tragically passed away in December of 2021.
For the 2023 edition and thereafter, the author of this article (Cory Yager) and law partner Larry Kohn will be added as the co-authors of this #1 selling GA DUI book, which is over 1500 pages in length. Of course, Mr. Head will be the lead co-author.
13 Does the law school at which my attorney graduated have a bearing on the qualifications of the best lawyers near me? Not necessarily. William C. Head, DUI attorney Atlanta is proud to have graduated with both degrees from UGA in Athens. It was the only college and law school for which he made application to attend.
Partner Larry Kohn attended Emory University for his undergrad degree, before attending Georgia State Law School, graduating magna cum laude. In 2016, both Mr. Kohn and this article’s author became co-authors of books for Aspatore Publishing, a division of the world’s largest publisher, Thomson-Reuters.
The author of this article grew up on a farm in the northern part of New York and obtained his undergraduate degree from SUNY-Oneonta (State University New York – Oneonta). Later, while a full-time police officer making criminal law arrests, he attended and graduated from Atlanta’s John Marshall Law School, as the second honor graduate.
The author of this article grew up on a farm in the northern part of New York and obtained his undergraduate degree from SUNY-Oneonta (State University New York – Oneonta). Later, while a full-time police officer making criminal law arrests, he attended and graduated from Atlanta’s John Marshall Law School, as the second honor graduate.
Since you now know that you will not find better credentials for any law firm near me for DUI lawyer GA representation, what are you waiting for? Also ask for a FREE PDF copy of The DUI Book, which Mr. Head authored for clients facing DUI charges.
WARNING: You have only 30 days after your arrest date to ACT and PROTECT your driving privileges. Missing this deadline can cause a 1-year TOTAL driver license suspension.
Call today for a FREE lawyer consultation and learn about our payment plans. The phone will be answered if you call 404-567-5515 to our 24-hour number.
January 31st, 2022 by William C. Bubba Head | Posted in DUI Law |
Overview of DUI in GA: Georgia DUI Laws
This blog page by Georgia DUI lawyers Cory Yager, Larry Kohn, and William Head. This information is posted to provide those charged with a DUI in Georgia with an immediate overview of laws relating to criminal punishments, like jail time, as well as knowing the impact from driver’s license suspension at the Georgia Department of Driver Services.
By far, a first DUI in Georgia has the most benign punishments and consequences. However, even a 1st DUI in Georgia remains on your criminal history for life.
All DUI offenses have a DUI fine (and heavy surcharge assessments added) in GA. To this financial punishment, mandatory probation is imposed, and cannot be shortened. Almost every DUI case will require DUI jail time, and all mandate community service hours, DUI classes, and possible substance abuse treatment. Georgia DUI laws were amended by the Georgia General Assembly effective July 1, 2008, to add a felony offense for a 4th DUI within 10 years.
In DUI cases in which the arrest was made July 1, 2017, and after, a new ignition interlock device (IID) option exists for Georgia licensees ages 21 and over, who have not had any prior DUI convictions within the past five (5) years, nor have had an adverse administrative license suspension action against their Georgia driver license within that same time frame.
The new Georgia Code section, OCGA 40-5-64.1 allows drivers to opt to install (in one vehicle only) a 12-month IID instead of filing an appeal of the administrative license suspension to the GA Department of Driver Services. Those who install an ignition interlock MUST (within 30 days after their DUI arrest) have the device attached to a motor vehicle and must have obtained and paid for the special interlock-restricted driving permit from DDS GA.
COMMON ACRONYM(S) and descriptive words USED TO DESCRIBE “IMPAIRED DRIVING,” “DRUNK DRIVING,” “INTOXICATED DRIVING”:
Driving under the Influence, which is commonly called DUI “Less Safe;”
DUI;
Driving with an unlawful Alcohol Concentration, which is commonly called “DUI Per Se“
What Vehicles or Transportation Devices Are Covered?
What is the PROHIBITED VEHICULAR ACTIVITY: Driving or being in actual physical control of a “moving” vehicle. Furthermore, GA DUI laws do not apply to non-motorized vehicles, like bicycles, horses, mules, skateboards, or any other non-motorized transport methods.
In What Geographic Locations Can a DUI Arrest Be Made?
Georgia has separate Boating under the Influence Laws for watercraft in likes and rivers. The DUI laws in the Peach State do not apply to boats or any motorized crafts on the water. Moreover, no impact to a Georgia driver’s license occurs if convicted of BUI (boating under the influence)
Using the broadest language, DUI laws in GA call for an arrest anywhere in Georgia, including on private property.
No published case in the Federal courts addressing whether our state DUI law will apply to those areas within the exclusive control and jurisdiction of the federal government, but any federal land cases currently are prosecuted in a federal district court using the federal rules of criminal procedure but apply substantive Georgia DUI law.
DUI Offenses: Within O.C.G.A. Section 40-6-391
A person shall not drive or be in actual physical control of any moving vehicle while:
(a)(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(a)(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(a)(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(a)(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(a)(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(a)(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
Plus, these other important provisions under 40 6 391 apply:
(i) Driving a commercial motor vehicle, while under the influence of alcohol, with alcohol concentration 0.04 grams or higher;
(k) For drivers under the age or 21 years, driving, while under the influence of alcohol, or driving with an alcohol concentration of 0.02 grams or higher.
Degree of Impairment Required
(a)(1) through (a)(4), proof that the driver was “impaired” by alcohol, marijuana, noxious fumes or any combinate of 2 or more of these substances, is required. In addition, under (a)(5)-alcohol, and (a)(6)-marijuana, these statutes cover have a per se amount of alcohol (a)(5) or marijuana or a “controlled substance” in the driver’s blood or urine, such that the motor vehicle operator is “incapable of driving safely.”
DUI Penalties and DUI Consequences for Various GA DUI Offenses
First DUI conviction within ten (10) Years: $300 – 1,000 fine plus statutory surcharges and add-ons, 40 hours community service, 12 months of probation, with credit given for any time incarcerated, following the DUI arrest; ten (10) days to 12 months in jail, all of which may be suspended or probated by the judge, with the exception of 24 hours to serve, if the post-arrest implied consent test registered at 0.08 grams percent or higher; 1-year driver’s license suspension. For those age-21 and older Georgia licensees, with no prior convictions within the prior 5 years (measured by dates of arrest) a work permit can be obtained immediately after a conviction for a DUI in Georgia first offense. A DUI first offense within 5 years is a simple misdemeanor.
This work permit is a 12-month limited permit, but after the first 120 days, the person can show proof of completion of the DUI school (called “risk reduction course” in Georgia and pay the license reinstatement fee to obtain full reinstatement of his or her Georgia license, if no new violations. DUI School. No work permit if convicted of DUI-drugs. O.C.G.A. 40-6-391 (c)(1)(A)-(E)
Second DUI conviction within ten (10) Years: $600 – 1,000 fine, 30 days (240 hours) of community service, 12 months of probation less any actual days of incarceration, 90 days jail all of which may be suspended, etc., except 72 hours; 3-year license suspension with one-year “hard” suspension followed by 6-month Georgia-only work permit with proof of ignition interlock and full reinstatement after work permit if no violations. DUI School followed by “clinical evaluation” for additional alcohol counseling; $25 publication fee for newspaper ad displaying the driver’s mug shot and a summary of the case disposition in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(2)(A)-(F) and (j)(1) and (2). A 2nd DUI offense within 5 years is a simple misdemeanor.
Third DUI conviction within ten (10) Years: $1,000 – 5,000 fine, 30 days (240 hours) of community service, 12 months of probation less any actual days of incarceration, 120 days jail all of which may be suspended, etc., except 15 days; 5-year license revocation with two-year “hard” suspension of ALL driving privileges, followed by three-year Georgia-only work permit with proof of an ignition interlock device being installed. Full GA license reinstatement possible after total of five years if no new violations have occurred during that five-year period. Completion of the Risk Reduction Program (DUI School), followed by proof of completion of all substance conditions and counseling; $25 publication fee for newspaper ad displaying the driver’s mug shot and a summary of the case disposition in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(2)(A)-(F) and (j)(1) and (2). A third DUI within 5 years is a “high and aggravated” misdemeanor, meaning that for every 30 days of jail time given, the convicted DUI driver must serve 26 of those days.
Fourth DUI conviction within ten (10) Years (FELONY):$1,000 – 5,000 fine, 60 days (480 hours) of community service, up to 5 years in state prison or county jail, all but 90 days of which may be suspended, etc., except 15 days; 5-year license revocation with two-year “hard” suspension followed by three-year Georgia-only work permit with proof of ignition interlock. Full reinstatement after total of five years if no violations during that five-year period. DUI School followed by “clinical evaluation” for additional alcohol counseling; $25 publication fee for newspaper ad in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(3)(A)-(F) and (j)(1) and (2).
The Georgia Department of Driver Services, not the courts in Georgia, controls license suspensions.
Statutory Presumptions of Impairment under GA Laws: O.C.G.A. 40-6-392 (b)
b. Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood, urine, breath, or other bodily substance, may give rise to inferences as follows:
If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391; or
If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391.
Georgia Implied Consent Laws
Tests permitted: blood, breath, urine, or other bodily substance, one or more samples as designated by arresting officer. After the Elliott v. State case in 2019, breath alcohol testing cannot be compelled through the GA implied consent law, but blood or urine can be.
Type of advisement required: “substantial compliance” of reading printed card carried by all officers. The exact wording is O.C.G.A. 40-5-67.1. There are three warnings: under 21 (b)(1), commercial drivers (b)(3) and all other drivers (b)(2).
At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following:
(1) Implied consent notice for suspects under age 21:
“The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license, or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”
(2) Implied consent notice for suspects age 21 or over: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license, or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”
(3) Implied consent notice for commercial motor vehicle driver suspects: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”
(d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.
O.C.G.A. § 40-5-67.1. Administrative Penalties and License Suspension.
Penalties for refusal: The driver suffers a “hard” administrative driver’s license suspension. At trial, the jury is instructed that it may infer that the test would have shown positive for the prohibited substance.
Admissibility of refusal: Admissible in the criminal trial.
Administrative Per Se law: Immediate license seizure at time of arrest, thirty (30) calendar days to request hearing. 30-day (for a 1st offender), 3-year (for a 2nd DUI within 5 years), 5-year revocation (for a 3rd DUI within 5 years).
So long as driver submits to the post-arrest, Georgia implied consent law forensic test requested by police, the administrative suspension counts towards (and any suspension time is credited against) any potential suspension time that may later be created by a conviction.
All Georgia licensees may have work permits as set forth above. For more information, call today for a FREE lawyer consultation with our three Georgia Super Lawyers. 404-567-5515.
January 27th, 2022 by William C. Bubba Head | Posted in DUI Law |
What happens with 2nd DUI in Georgia? This article about 2nd offense DUI outlines details on why (if convicted) Georgia’s 2nd DUI in 10 years is a job-threatening event.
Finding experienced criminal defense attorneys to defend your DUI charges, second offense is imperative. You do not want legal advice from someone who has a nearby law office who has never successfully fought a second offence DUI.
Can you avoid jail time after second DUI? If convicted, no. If the DUI charge is reduced or the DUI is dismissed or you are acquitted of the charge, then yes, jail time can be avoided. Plus, any second DUI after 10 years will be treated (in the Peach State) as a 1st DUI offense, due to the “washout” period of 10 years being exceeded. Not all states still honor this type of “lookback” limitation.
Also, on a second dui within 10 years, you only have 30 days after arrest to file an administrative license suspension appeal and pay the $150 filing fee. This must be delivered to the Georgia Department of Driver Services.
As opposed to the first offense DUI option to pay to install a 12-month ignition interlock device (IID), that is not an option on a second DUI within 5 years of the first DUI. The IID option would be possible, however, if the prior date of arrest on the 1st DUI conviction was beyond 5 years before the current arrest date.
1. What happens if you get a 2nd DUI? Having convictions for 2 DUIs in 5 years on your driving record results in total suspension of all driving privileges for 2nd DUI offense in GA. No limited permit is available for the first 120 days, at a minimum, if convicted for the second time within 5 years, based on dates of arrest. Plus, only drivers with an age 21 and over license are eligible, so those with a class D license (instructional permit) cannot qualify, nor can the driver not yet 21 when the plea or conviction is entered.
2. Upon any second DUI conviction, all Georgia license plates on every motor vehicle in the convicted driver’s name must be turned into the court at the time of the plea or DUI conviction at trial. These cannot be returned, except in accordance with Georgia law. Procedure exists for one family member to apply for a special limited tag to drive one vehicle is available through the Georgia Department of Revenue. [NOTE: The image of the unknown person below was found in Google images and is not a previous client of our law firm.]
3. Life after a 2nd DUI Conviction. Publishing your mugshot and DUI case disposition in the local newspaper, for any DUI second offense Georgia within ten years. See example below (Image below is from Google images search and is not one of our clients).
4. When can I get my license back after a 2nd DUI? A 2nd DUI in 5 years Georgia conviction results in a restricted ability to transport your own children in your vehicle, for 18 months or longer, including the total prohibition of driving for ANY purpose in the first 120 days. After completing the risk reduction program (DUI school) and the other requirements for repeat DUI offenders the Georgia Department of Driver Safety will record your DDS suspended license, as a repeat offender. Then, after, only then when an interlock device is installed and for the limited purposes in DDS GA regulations. Plus, this only becomes available to those who qualify for early reinstatement.
5. Mandatory installation of a 12-month interlock device to obtain early reinstatement or a restricted license. This is available to Georgia licensees age 21 and older after 2nd violation of Georgia DUI law, following the above-stated 120-day, total suspension of all driving privileges.
6. On the criminal court conviction, the 2nd DUI license suspension GA goes from a 12-month suspension (for a DUI 1st offense) to a three-year suspension on the 2nd DUI within five years.
7. Inability to rent cars while on 2nd DUI in GA, because you cannot drive a non-interlock car. Nor do any of the of the rental car companies willing to lease out their vehicles to those on a restricted license.
8. Performing no fewer than 240 hours of community service hours, which is 6 times more than for a 1st DUI offender in Georgia.
9. Possible participation in a DUI Court program that costs about $3500 to $4000 over 24 months, and takes up not less than 4 hours of court time every week, for up to 24 months, plus attending AA (or similar) alcohol and drug awareness meetings daily.
10. Mandatory jail time for 2nd DUI. Your refusal to participate in the DUI Court program (in some GA counties) means far more than the minimum, mandatory 72 hours in jail. You will be offered 60, 90 or 120 days in jail, for 2nd DUI in GA, and 120 days (or more) for 3rd DUI, with additional punishment for high and aggravated monetary fines and jail time that cannot qualify for 2-for-1 good-time jail credit.
11. DUI car insurance cancellation or requirement to move to SR-22, assigned risk pool at exorbitant rates (up to 5 times preferred rate premiums). For clients with substantial assets, the DUI insurance options after conviction will restrict the ability to purchase for higher liability limits of coverage that are normally available.
12. Ineligible to apply for early reinstatement or ignition interlock device options, for second DUI in GA, for person licensed by another state, when arrested in Georgia for a Georgia DUI. For those licensed in Georgia, a high reinstatement fee coupled with an obligation to install an ignition interlock for 12 months.
13. Undergoing a clinical evaluation for substance abuse, and then completing a lengthy, expensive alcohol and drug therapy and treatment, to become eligible to be reinstated to drive again in Georgia.
14. Future job availability, creditworthiness, eligibility to buy preferred life insurance jumbo policies, travel outside the USA to places like Canada, and denial of the ability to rent cars from most major car rental companies are a small scattering of the draconian punishments that await the person convicted of a 2nd DUI in GA within a five-year period.
15. CMV drivers (commercial motor vehicle) with two DUIs lose their CDL overlay for their lifetime by getting a second DUI and can no longer drive big rig trucks or passenger transports for a living.
What Is the Penalty for Second DUI in Georgia?
For a second conviction of DUI what is the penalty? The GA DUI penalty chart below helps summarize all the DUI consequences and criminal law DUI penalties for a DUI second offense GA.
Lawyers Near Me for DUI: Repeat Offense Cases Need Top-Rated DUI Lawyers
To try and avoid a 2nd DUI conviction in Georgia, your starting point is hiring one of a DUI lawyer near me, who is among the best DUI attorneys in Atlanta, Georgia. These top lawyers will offer you a FREE lawyer consultation near me, explain how their criminal defense attorneys review your DUI case facts, and implement a game plan for winning.
Talk to ex-cop turned DUI defense attorney Cory Yager, AVVO superstar Larry Kohn and best DUI in Georgia attorney William C. Head, now in his 46th year of DUI defense. Our law firm has a location nearby, and can meet with you virtually, or in person, using social distancing protocols.
Call today to learn more about the legal services of our DUI defense lawyers. You can contact our award-winning Atlanta DUI attorneys near me NOW, 24-7, for a FREE initial criminal case review with our criminal justice lawyers. Obtain your FREE lawyer consultation by dialing 404-567-5515.
December 29th, 2021 by William C. Bubba Head | Posted in Driving Law |
This blog page is presented by Georgia DUI lawyers Cory Yager, Larry Kohn, and William Head. This information is posted to provide those charged with a DUI in Georgia with an immediate overview of laws relating to criminal punishments, like jail time, as well as knowing the impact from driver’s license suspension at the Georgia Department of Driver Services.
By far, a first DUI in Georgia has the most benign punishments and consequences. However, even a 1st DUI in Georgia remains on your criminal history for life.
All DUI offenses have a DUI fine (and heavy surcharge assessments added) in GA. To this financial punishment, mandatory probation is imposed and cannot be shortened. Almost all cases require DUI jail time, and all mandate community service hours, DUI classes, and possible substance abuse treatment. Georgia DUI laws were amended by the Georgia General Assembly effective July 1, 2008, to add a felony offense for a 4th DUI within 10 years.
In DUI cases in which the arrest was made July 1, 2017, and after, a new ignition interlock device (IID) option exists for Georgia licensees ages 21 and over, who have not had any prior DUI convictions within the past five (5) years, nor have had an adverse administrative license suspension action against their Georgia driver license within that same time frame.
The new Georgia Code section, OCGA 40-5-64.1 allows drivers to opt to install (in one vehicle only) a 12-month IID instead of filing an appeal of the administrative license suspension to the GA Department of Driver Services. Those who install an ignition interlock MUST (within 30 days after their DUI arrest) have the device attached to a motor vehicle and must have obtained and paid for the special interlock-restricted driving permit from DDS GA.
COMMON ACRONYM(S) and descriptive words USED TO DESCRIBE “IMPAIRED DRIVING,” “DRUNK DRIVING,” “INTOXICATED DRIVING”:
Driving under the Influence, which is commonly called DUI “Less Safe;”
DUI;
Driving with an unlawful Alcohol Concentration, which is commonly called “DUI Per Se“
What Vehicles or Transportation Devices Are Covered?
What is the PROHIBITED VEHICULAR ACTIVITY: Driving or being in actual physical control of a “moving” vehicle. Furthermore, GA DUI laws do not apply to non-motorized vehicles, like bicycles, horses, mules, skateboards, or any other non-motorized transport methods.
In What Geographic Locations Can a DUI Arrest Be Made?
Georgia has separate Boating under the Influence Laws for watercraft in likes and rivers. The DUI laws in the Peach State do not apply to boats or any motorized crafts on the water. Moreover, no impact to a Georgia driver’s license occurs if convicted of BUI (boating under the influence)
Using the broadest language, DUI laws in GA call for an arrest anywhere in Georgia, including on private property.
No published case in the Federal courts addressing whether our state DUI law will apply to those areas within the exclusive control and jurisdiction of the federal government, but any federal land cases currently are prosecuted in a federal district court using the federal rules of criminal procedure but apply substantive Georgia DUI law.
DUI Offenses: Within O.C.G.A. Section 40-6-391
A person shall not drive or be in actual physical control of any moving vehicle while:
(a)(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(a)(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(a)(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(a)(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(a)(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(a)(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
Plus, these other important provisions under 40 6 391 apply:
(i) Driving a commercial motor vehicle, while under the influence of alcohol, with alcohol concentration 0.04 grams or higher;
(k) For drivers under the age or 21 years, driving, while under the influence of alcohol, or driving with an alcohol concentration of 0.02 grams or higher.
Degree of Impairment Required
(a)(1) through (a)(4), proof that the driver was “impaired” by alcohol, marijuana, noxious fumes or any combinate of 2 or more of these substances, is required. In addition, under (a)(5)-alcohol, and (a)(6)-marijuana, these statutes cover have a per se amount of alcohol (a)(5) or marijuana or a “controlled substance” in the driver’s blood or urine, such that the motor vehicle operator is “incapable of driving safely.”
DUI Penalties and DUI Consequences for Various GA DUI Offenses
First DUI conviction within ten (10) Years: $300 – 1,000 fine plus statutory surcharges and add-ons, 40 hours community service, 12 months of probation, with credit given for any time incarcerated, following the DUI arrest; ten (10) days to 12 months in jail, all of which may be suspended or probated by the judge, with the exception of 24 hours to serve, if the post-arrest implied consent test registered at 0.08 grams percent or higher; 1-year driver’s license suspension. For those age-21 and older Georgia licensees, with no prior convictions within the prior 5 years (measured by dates of arrest) a work permit can be obtained immediately after a conviction for a DUI in Georgia first offense. A DUI first offense within 5 years is a simple misdemeanor.
This work permit is a 12-month limited permit, but after the first 120 days, the person can show proof of completion of the DUI school (called “risk reduction course” in Georgia and pay the license reinstatement fee to obtain full reinstatement of his or her Georgia license, if no new violations. DUI School. No work permit if convicted of DUI-drugs. O.C.G.A. 40-6-391 (c)(1)(A)-(E)
Second DUI conviction within ten (10) Years: $600 – 1,000 fine, 30 days (240 hours) of community service, 12 months of probation less any actual days of incarceration, 90 days jail all of which may be suspended, etc., except 72 hours; 3-year license suspension with one-year “hard” suspension followed by 6-month Georgia-only work permit with proof of ignition interlock and full reinstatement after work permit if no violations. DUI School followed by “clinical evaluation” for additional alcohol counseling; $25 publication fee for newspaper ad displaying the driver’s mug shot and a summary of the case disposition in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(2)(A)-(F) and (j)(1) and (2). A 2nd DUI offense within 5 years is a simple misdemeanor.
Third DUI conviction within ten (10) Years: $1,000 – 5,000 fine, 30 days (240 hours) of community service, 12 months of probation less any actual days of incarceration, 120 days jail all of which may be suspended, etc., except 15 days; 5-year license revocation with two-year “hard” suspension of ALL driving privileges, followed by three-year Georgia-only work permit with proof of an ignition interlock device being installed. Full GA license reinstatement possible after total of five years if no new violations have occurred during that five-year period. Completion of the Risk Reduction Program (DUI School), followed by proof of completion of all substance conditions and counseling; $25 publication fee for newspaper ad displaying the driver’s mug shot and a summary of the case disposition in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(2)(A)-(F) and (j)(1) and (2). A third DUI within 5 years is a “high and aggravated” misdemeanor, meaning that for every 30 days of jail time given, the convicted DUI driver must serve 26 of those days.
Fourth DUI conviction within ten (10) Years (FELONY):$1,000 – 5,000 fine, 60 days (480 hours) of community service, up to 5 years in state prison or county jail, all but 90 days of which may be suspended, etc., except 15 days; 5-year license revocation with two-year “hard” suspension followed by three-year Georgia-only work permit with proof of ignition interlock. Full reinstatement after total of five years if no violations during that five-year period. DUI School followed by “clinical evaluation” for additional alcohol counseling; $25 publication fee for newspaper ad in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(3)(A)-(F) and (j)(1) and (2).
The Georgia Department of Driver Services, not the courts in Georgia, controls license suspensions.
Statutory Presumptions of Impairment Under GA Laws: O.C.G.A. 40-6-392 (b)
b. Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood, urine, breath, or other bodily substance, may give rise to inferences as follows:
If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391; or
If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391.
Georgia Implied Consent Laws
Tests permitted: blood, breath, urine, or other bodily substance, one or more samples as designated by arresting officer. After the Elliott v. State case in 2019, breath alcohol testing cannot be compelled through the GA implied consent law, but blood or urine can be.
Type of advisement required: “substantial compliance” of reading printed card carried by all officers. The exact wording is O.C.G.A. 40-5-67.1. There are three warnings: under 21 (b)(1), commercial drivers (b)(3) and all other drivers (b)(2).
At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following:
(1) Implied consent notice for suspects under age 21:
“The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license, or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”
(2) Implied consent notice for suspects age 21 or over: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license, or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”
(3) Implied consent notice for commercial motor vehicle driver suspects: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”
(d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.
O.C.G.A. § 40-5-67.1. Administrative Penalties and License Suspension.
Penalties for refusal: The driver suffers a “hard” administrative driver’s license suspension. At trial, the jury is instructed that it may infer that the test would have shown positive for the prohibited substance.
Admissibility of refusal: Admissible in the criminal trial.
Administrative Per Se law: Immediate license seizure at time of arrest, thirty (30) calendar days to request hearing. 30-day (for a 1st offender), 3-year (for a 2nd DUI within 5 years), 5-year revocation (for a 3rd DUI within 5 years).
So long as driver submits to the post-arrest, Georgia implied consent law forensic test requested by police, the administrative suspension counts towards (and any suspension time is credited against) any potential suspension time that may later be created by a conviction.
All Georgia licensees may have work permits as set forth above. For more information, call today for a FREE lawyer consultation with our three Georgia Super Lawyers. 404-567-5515.
Not every DUI arrest in Georgia occurs in the traditional manner, where our client is pulled over to the shoulder of the road. This article discusses how our award-winning DUI attorneys with highest lawyer ratings have defended clients with odd fact patterns to obtain a DUI dismissal or a reduction of charges.
These cases all resulted in NO DUI conviction for these clients. Many of these have been for an Atlanta DUI or a hit and run in Atlanta If we are contacted within the first 24 hours of the “incident,” this early guidance to our clients often makes a huge difference.
Seven fact patterns discussed on this blog post have occurred in cases handled by our Georgia DUI attorneys near me. Our law firm’s attorneys have handled over 10000 cases in which a DUI charge was brought against our client. You will be hard-pressed to find another DUI lawyer Atlanta law office to have handled that many cases.
Especially when a client is not located within several hours after such collisions, they might ask our DUI lawyer GA litigation team, “Can i get charged with a DUI after the fact?” That answer is maybe, but the bigger question becomes, “How much proof collected by police points to our client, to the exclusion of all others?”
This types of evolve after two motor vehicles strike each other in a parking lot or on a roadway. Two (or more) vehicles collide, and our client left the scene, either under the vehicle’s own power or on foot. Can you be arrested for drunk driving after the fact when these crashes occur? Absolutely.
This behavior of not staying at the roadway and giving aid, if anyone is hurt, is commonly called hit and run GA. This serious misdemeanor crime (after being involved in a motor vehicle collision and then fleeing the scene) is as problematic for a criminal justice attorney to defend (in many ways) as a DUI offense.
In addition, if another person is seriously injured or killed by the DUI-DWI driver, a first-degree vehicular homicide GA or serious injury by vehicle in the first degree will by indicted or charged. A similar sentence for a hit and run Georgia case resulting in a fatality of serious bodily injury. Each of these Georgia felonies carry up to 15 years in state prison for each injured or deceased person.
7 Actual DUI Case Fact Patterns Where Excellent Results Were Obtained
Seven different actual case scenarios are discussed below. These examples show you how cases can be won:
In some cases, the client gets to his or her home, or to a nearby restaurant or bar that is still serving alcoholic beverages. The key is for the person to not answer the door. If the door is answered, remain silent. Plus, multiple empty containers of alcoholic beverages in the trash case may assist.
Other times, police find the suspected Georgia hit & run disabled vehicle on the road, facing the same direction as the vehicle that fled. In a dew cases, a tag number or partial number is observed, but often, the description is too vague or lacking in detail. These omissions may include mistaking the color of car or truck and being able to accurately describe the driver. If an officer continues driving, and then see a pedestrian walking a mile or so down a desolate stretch of roadway. If the client knows to remain silent and only provide his or her name and address, these will usually be good cases. If that abandoned vehicle is not registered to our client, and he or she had enough forethought to leave the keys in the abandoned vehicle, that improves our facts even more.
If the client is found have alcoholic beverages in a bar 40 minutes later, police officers cannot tell how much alcohol was consumed after the collision or before, unless the person self-incriminates.
In a few cases, our client made it to a nearby hotel and paid for a room and was never found in or near the suspected vehicle that night. In one Alpharetta crash in a heavy rainstorm, the client’s vehicle was totaled on northbound GA Highway 400, but he quickly got out of the wrecked vehicle and jumped a right-of-way fence and hightailed it through the woods. This was about 3:30 in the morning. He was never located the night of the wreck. Police did receive a call from a nearby Waffle House of a rain-soaked, muddy white male, who asked to use the restaurant’s phone.
In one recent case, our client was almost home, when she veered into a parked vehicle and also struck a utility pole. Her vehicle was still drivable, and she got to her home a few blocks away, opened the garage and got inside the closed garage. Unless someone opened the door, a search warrant would have been needed. Since this was an unoccupied, parked vehicle, the hit and run statute under OCGA 40-6-270 was not implicated.
In different cases in two different jurisdictions, our client (in each case0 was having a medical crisis (both were diabetics). One (who was driving a pickup truck) sideswiped another vehicle but never slowed down. In the other accident, that client sideswiped a car that was waiting for a traffic light to change, and the confused driver got out of his vehicle and walked to his apartment building. Both cases were reduced, and a plea entered to a minor charge, but our DUI defense lawyer team had to bring medical records and other proof to negotiate the case out.
DUI Lawyer Atlanta answers: What is DUI “after the fact” arrest? In one very odd case, our client was found in his damaged vehicle that was on the property of a towing company in DeKalb County, in what is now in the city of Brookhaven. The highly intoxicated client was found sitting inside the vehicle that was so damaged that it could not have been driven to that towing lot.
The client never admitted driving, and this tow lot was within a short walking distance from a notorious nude bar that was open and serving booze at the time of the police investigation. This client had been a client of Mr. Head’s before and knew to not talk. Multiple police cars looked for nearby telephone poles and other fixtures along all roadways near this location but never found any likely place this vehicle may have crashed.
Frustrated by the drunk man’s silence, the DeKalb County police officer charged this client with DUI. Mr. Head requested a non-jury (bench trial), and cross-examined the two investigating officers so aggressively, that the judge ruled that the man was not guilty. By showing five different, plausible alternative explanations (including that this vehicle could have been towed to this lot from another jurisdiction, OR that the client may have ridden with the tow driver, and once there, saw the strip club and decided to visit there, and get drunk, before returning to sleep it off in his totaled vehicle.
Top-Rated DUI Lawyers Near Me
DUI Atlanta lawyer Larry Kohn and Atlanta DUI defense attorney Cory Yager are the name partners in Kohn & Yager LLC. Their professional corporation teams up with William C. Head PC, the professional law corporation of William Head, better known as Bubba Head, Attorney Atlanta Georgia. Mr. Kohn began clerking 25 years ago, before passing the GA Bar and joining Mr. Head’s law office group.
The 45-year veteran Georgia DUI lawyer is the best-known Atlanta DUI lawyer, largely due to being the author of the leading legal guide on defending Georgia DUI Laws since 1995. The “double Dawg” UGA school grad enjoys top attorney ratings and is one of fewer than 100 Board-Certified DWI-DUI attorneys in America, with the National College of DUI Defense.
In addition to our DUI lawyers in Atlanta, our law group has three other offices in Marietta (Cobb County), Alpharetta, and Sandy Springs (Fulton County). All have free parking nearby, except for the downtown Atlanta office, which is directly above the Peachtree Center MARTA train terminal.
When you need an experienced and qualified criminal defense attorney for a driving under the influence case, look no further. Our attorneys in Atlanta GA are experts on legal issues like:
February 22nd, 2021 by William C. Bubba Head | Posted in Driving Law |
Not every DUI arrest in Georgia occurs in the traditional manner, where our client is pulled over to the shoulder of the road. This article discusses how our award-winning DUI attorneys with highest lawyer ratings have defended clients with odd fact patterns to obtain a DUI dismissal or a reduction of charges.
These cases all resulted in NO DUI conviction for these clients. Many of these have been for an Atlanta DUI or a hit and run in Atlanta If we are contacted within the first 24 hours of the “incident,” this early guidance to our clients often makes a huge difference.
Seven fact patterns discussed on this blog post have occurred in cases handled by our Georgia DUI attorneys near me. Our law firm’s attorneys have handled over 10000 cases in which a DUI charge was brought against our client. You will be hard-pressed to find another DUI lawyer Atlanta law office to have handled that many cases.
Especially when a client is not located within several hours after such collisions, they might ask our DUI lawyer GA litigation team, “Can i get charged with a DUI after the fact?” That answer is maybe, but the bigger question becomes, “How much proof collected by police points to our client, to the exclusion of all others?”
This types of evolve after two motor vehicles strike each other in a parking lot or on a roadway. Two (or more) vehicles collide, and our client left the scene, either under the vehicle’s own power or on foot. Can you be arrested for drunk driving after the fact when these crashes occur? Absolutely.
This behavior of not staying at the roadway and giving aid, if anyone is hurt, is commonly called hit and run GA. This serious misdemeanor crime (after being involved in a motor vehicle collision and then fleeing the scene) is as problematic for a criminal justice attorney to defend (in many ways) as a DUI offense.
In addition, if another person is seriously injured or killed by the DUI-DWI driver, a first-degree vehicular homicide GA or serious injury by vehicle in the first degree will by indicted or charged. A similar sentence for a hit and run Georgia case resulting in a fatality of serious bodily injury. Each of these Georgia felonies carry up to 15 years in state prison for each injured or deceased person.
7 Actual DUI Case Fact Patterns Where Excellent Results Were Obtained
Seven different actual case scenarios are discussed below. These examples show you how cases can be won:
In some cases, the client gets to his or her home, or to a nearby restaurant or bar that is still serving alcoholic beverages. The key is for the person to not answer the door. If the door is answered, remain silent. Plus, multiple empty containers of alcoholic beverages in the trash case may assist.
Other times, police find the suspected Georgia hit & run disabled vehicle on the road, facing the same direction as the vehicle that fled. In a dew cases, a tag number or partial number is observed, but often, the description is too vague or lacking in detail. These omissions may include mistaking the color of car or truck and being able to accurately describe the driver. If an officer continues driving, and then see a pedestrian walking a mile or so down a desolate stretch of roadway. If the client knows to remain silent and only provide his or her name and address, these will usually be good cases. If that abandoned vehicle is not registered to our client, and he or she had enough forethought to leave the keys in the abandoned vehicle, that improves our facts even more.
If the client is found have alcoholic beverages in a bar 40 minutes later, police officers cannot tell how much alcohol was consumed after the collision or before, unless the person self-incriminates.
In a few cases, our client made it to a nearby hotel and paid for a room and was never found in or near the suspected vehicle that night. In one Alpharetta crash in a heavy rainstorm, the client’s vehicle was totaled on northbound GA Highway 400, but he quickly got out of the wrecked vehicle and jumped a right-of-way fence and hightailed it through the woods. This was about 3:30 in the morning. He was never located the night of the wreck. Police did receive a call from a nearby Waffle House of a rain-soaked, muddy white male, who asked to use the restaurant’s phone.
In one recent case, our client was almost home, when she veered into a parked vehicle and also struck a utility pole. Her vehicle was still drivable, and she got to her home a few blocks away, opened the garage and got inside the closed garage. Unless someone opened the door, a search warrant would have been needed. Since this was an unoccupied, parked vehicle, the hit and run statute under OCGA 40-6-270 was not implicated.
In different cases in two different jurisdictions, our client (in each case0 was having a medical crisis (both were diabetics). One (who was driving a pickup truck) sideswiped another vehicle but never slowed down. In the other accident, that client sideswiped a car that was waiting for a traffic light to change, and the confused driver got out of his vehicle and walked to his apartment building. Both cases were reduced, and a plea entered to a minor charge, but our DUI defense lawyer team had to bring medical records and other proof to negotiate the case out.
DUI Lawyer Atlanta answers: What is DUI “after the fact” arrest? In one very odd case, our client was found in his damaged vehicle that was on the property of a towing company in DeKalb County, in what is now in the city of Brookhaven. The highly intoxicated client was found sitting inside the vehicle that was so damaged that it could not have been driven to that towing lot.
The client never admitted driving, and this tow lot was within a short walking distance from a notorious nude bar that was open and serving booze at the time of the police investigation. This client had been a client of Mr. Head’s before and knew to not talk. Multiple police cars looked for nearby telephone poles and other fixtures along all roadways near this location but never found any likely place this vehicle may have crashed.
Frustrated by the drunk man’s silence, the DeKalb County police officer charged this client with DUI. Mr. Head requested a non-jury (bench trial), and cross-examined the two investigating officers so aggressively, that the judge ruled that the man was not guilty. By showing five different, plausible alternative explanations (including that this vehicle could have been towed to this lot from another jurisdiction, OR that the client may have ridden with the tow driver, and once there, saw the strip club and decided to visit there, and get drunk, before returning to sleep it off in his totaled vehicle.
Top-Rated DUI Lawyers Near Me
DUI Atlanta lawyer Larry Kohn and Atlanta DUI defense attorney Cory Yager are the name partners in Kohn & Yager LLC. Their professional corporation teams up with William C. Head PC, the professional law corporation of William Head, better known as Bubba Head, Attorney Atlanta Georgia. Mr. Kohn began clerking 25 years ago, before passing the GA Bar and joining Mr. Head’s law office group.
The 45-year veteran Georgia DUI lawyer is the best-known Atlanta DUI lawyer, largely due to being the author of the leading legal guide on defending Georgia DUI Laws since 1995. The “double Dawg” UGA school grad enjoys top attorney ratings and is one of fewer than 100 Board-Certified DWI-DUI attorneys in America, with the National College of DUI Defense.
In addition to our DUI lawyers in Atlanta, our law group has three other offices in Marietta (Cobb County), Alpharetta, and Sandy Springs (Fulton County). All have free parking nearby, except for the downtown Atlanta office, which is directly above the Peachtree Center MARTA train terminal.
When you need an experienced and qualified criminal defense attorney for a driving under the influence case, look no further. Our attorneys in Atlanta GA are experts on legal issues like:
January 11th, 2021 by William C. Bubba Head | Posted in Driving Law |
Georgia impaired driving laws are amended from time to time and while it is OK if a typical driver doesn’t know the latest GA DUI laws, the best Atlanta DUI lawyers must stay up-to-date on every change that is made by lawmakers. Like with almost every other criminal code in Georgia, laws are modified and passed based on appeals filed by criminal defense attorneys, and judge’s rulings in individual cases. Another reason why state laws change is due to pressure from citizen groups like Mothers Against Drunk Driving (MADD) to strengthen conviction penalties, or to lower the minimum legal blood alcohol limit (BAC).
Note that the term “impaired driving” also includes a situation where a person still gets charged with driving drunk or high but the driver’s car was parked in a parking lot and the engine was turned off. Or someone had too much to drink and decided to pull into a mall parking lot, turn off the car, and “sleep it off” for an hour. If a mall cop pulls up and gets suspicious he may call in local law enforcement. If this policeman can see your car keys resting in the center console he can still arrest you for impaired driving. These cases are complicated so you need a lawyer who knows the exact official Georgia code section that pertains to this unique situation. By the word “high” I mean operating a motor vehicle under the influence of marijuana – these DUI drugs cases have risen in number every year.
How does a police officer know you have been smoking weed? One way to tell is by observing your eyes and listening to your pattern of speech, but an officer will ask you to submit to a blood test back at the police station or the jail. A blood sample will not be taken at the side of the road nor will a portable breathalyzer detect marijuana usage, so a blood draw is required.
