Lawrenceville DUI Lawyers

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Lawrenceville DUI Lawyers

Booker, Robert: It is against the law in Georgia and in all other states to drive while under the influence of alcohol, drugs or medications that impair the ability of the driver to operate a vehicle in a safe manner. Law enforcement receive training on how to watch for suspected drunk drivers and they have the right to pull suspicious vehicles to the side of the road and conduct sobriety testing. A sobriety test consists of simple tasks for the driver to perform assuming the driver is in good health. If the officer believes more testing is necessary then the driver may submit to a breathalyzer test or more extensive testing of blood or urine to determine the amount of driver impairment. A refusal to take the test can result in an automatic driverŐs license suspension for 6 months to 1 year. If a test on an adult over 21 years of age reveals a blood alcohol measurement of 0.08 or higher, the driver is too intoxicated to drive and may face arrest and DUI charges. A zero tolerance law lowers the threshold to blood alcohol level of .02 for drivers under the age of 21. Individuals driving with a commercial vehicle licenses are subject to a DUI for .04 blood alcohol levels. It is important to contact a Lawrenceville criminal defense attorney immediately following an arrest and before making statements that can be incriminating. The Law Office of Robert L. Booker is knowledgeable in all aspects of criminal law and defends all types of criminal cases including DUIs. A DUI, even a first time offense, is a serious crime with consequences.
Harrell, Jack: DUI Defense Driver's License litigation Traffic tickets Criminal Law If youŐve been arrested for drunk driving in the area, chances are that you could use the help of a qualified Gwinnett County DUI defense lawyer
Bennedict, Noel: Criminal Misdemeanor Divorce & Family Law Medical Malpractice Personal & Business Law Personal Injury Premises Liability Product Liability Social Security Disability Insurance Worker's Compensation Wrongful Death
Kent Law Group: DUI & DWI Law
Daniels & Taylor: DUI Penalties in Georgia First Conviction Ą Up to a $1,000.00 fine Ą Up to 12 months in jail (No less than 24 hours in jail) Ą 40 hours of community service Ą 12 months probation Ą 1 year license suspension (Limited permit available in some cases) Ą DUI school Second Conviction within 10 Years Ą Up to a $1,000.00 fine Ą Up to 12 months in jail (No less than 72 hours in jail) Ą 240 hours of community service Ą Alcohol evaluation/treatment Ą 12 months of probation Ą 3 year license suspension Ą Ignition interlock device (After 2 Years) Ą DUI school Ą License plate confiscation Ą Your Photograph published in local newspaper Ą Lifetime CDL disqualification Third Conviction Within 10 Years Ą High & Aggravated Misdemeanor Ą Up to a $5,000.00 fine Ą Up to 12 months in jail (No less than 15 days in jail) Ą 240 hours community service Ą Alcohol evaluation/treatment Ą 12 months of probation Ą 5 year license revocation Ą Ignition interlock device Ą 5 year loss of car tag Ą Your Photograph published in local newspaper Ą DUI school Fourth Conviction Within 10 Years Where any or all of the 4 (or more) DUI arrest dates occurred prior to July1, 2008 Ą High & Aggravated Misdemeanor Ą 120 days to 12 months in jail (No less than 15 days in jail) Ą 420 hours community service Ą Alcohol evaluation/treatment Ą 12 months of probation Ą 5 year license revocation Ą Ignition interlock device Ą DUI school Fourth Conviction Within 10 Years Where all of the 4 (or more ) DUI arrest dates occurred after July 1, 2008 Ą Felony Ą 1 to 5 years in prison (not less than 90 days in custody) Ą Fine of $5,000.00 Ą 1 to 5 years in prison
Benedict, Noel: If you are charged with a crime, even if it is one you feel you are not guilty of doing, you need a consultation with an experienced attorney. A misdemeanor crime is one that is defined by punishment of 12 months or less, as opposed to a felony, which can be punished by more than 12 months. As experienced counselors of law, Noel H. Benedict & Associates can give you expert advice and guidance in serious misdemeanor crimes, including but not limited to shoplifting, embezzlement charges, simple assault, simple battery, family violence, driving while under the influence of drugs or alcohol, speeding, or other traffic violations. DonŐt ignore any citation you receive from the courts, or you may find yourself in violation of the law and subject to being taken into custody! Call us for a free consultation today and find out what your legal rights and obligations are under the law. If you think talking to an attorney is difficult, try telling it to a judge. Hire an advocate to help you negotiate your way through what can be a complicated and stressful system.
Stokes, John: * Drunk driving (DUI/DWI) * Speeding tickets * "Super speeders" (over 85 miles per hour) * Reckless driving A DUI conviction will almost certainly result in the suspension of your driver's license, heavy fines and increased insurance premiums.
Bryant, Russell: * D.U.I. and Implied Consent (DDS 1205) License Suspension * Any Traffic Ticket or Moving Violation * Marijuana or Drugs Possession/Sale/Trafficking * All Misdemeanor Offenses * All Felony Offenses * Probation Compliance and Revocation
Sheffield, Michael: A conviction for DUI, also commonly referred to as DWI, could result in jail time, heavy fines, the suspension of your license, and mandatory driving school. If your employer finds out about your DUI, you could lose your job, especially if you drive a truck or a company vehicle. Insurance companies receive information from the courts regarding DUI arrests and convictions. As a result, you could see your insurance premiums increases substantially. If you are a repeat DUI offender or someone was injured or killed in an accident you caused while drunk, you will be charged with felony DUI. A felony DUI typically involves prison time and the revocation of your license. If a repeat offender, you will likely be required to install an ignition interlock device on your car in order to qualify for a temporary license that allows you to drive to and from work or school.
Grover, Kavan: DUI Defense Being charged with DUI is a serious offense with severe consequences. If you are charged with DUI, you need an aggressive attorney on your side to help maintain your driving privileges and keep you out of jail.
Sexton & Sexton: In addition to the possible incarceration and fines, there can be a stigma attached to being convicted of a crime. For example, upon conviction of a felony, an individual may lose many of his or her rights, including the right to vote and the right to own a gun. Even a conviction for a traffic offense, especially an alcohol-related traffic offense, can lead to a dramatic increase in motor vehicle insurance premiums that can stay with a person for several years. It is easy to see how one mistake can taint the rest of a person's life.
Adams, Christopher: If you have been charged with a serious traffic violation, you likely face stiff fines and the potential for a suspended driver's license.
Klump, Daniel: If you have been arrested for driving under the influence (DUI) in Georgia you need an experienced DUI lawyer to defend your case. Atlanta DUI Lawyers agree that Georgia law enforcement is increasingly cracking down on drunk drivers. A DUI conviction can automatically cause your driver's license to be revoked, and depending upon your criminal and driving history, you could get extended jail time. A DUI arrest in Georgia is one of the most difficult criminal cases to defend because it is based on a police officer's direct observation, and usually field sobriety tests, breathalyzer results and other chemical testing. To successfully address a DUI charge you need an experienced Georgia DUI defense attorney, who knows the intricacies of Georgia DUI laws and who is passionate about protecting your rights.
Miskell, James: If you have been charged with DUI/DWI you may face an administrative license suspension. There is a short window of time in which this can be appealed. This is separate from your criminal DUI/DWI defense. If you live out of state, it is often possible for you to contest traffic violation charges without having to attend any hearings in Georgia.
Thompson Law Firm:
DRIVING UNDER THE INFLUENCE (DUI/DWI/BUI):* If you have been arrested for DUI, you need effective and aggressive legal representation. You need an experienced DUI defense attorney fighting for your rights.

Drinking and driving (or boating and driving), in itself, is not a crime. However, being impaired (by law/per se or common law) and driving is a crime in Georgia.

10-DAY RULE*: Within ten business days of the date of your arrest, you or your attorney must request/demand an administrative hearing with the Office of State Administrative Hearings (O.S.A.H./DPS) or your drivers license could be suspended.

SOME OF YOUR RIGHTS AT A ROADSIDE STOP*:

1. You have the right to REMAIN SILENT -- including not telling the officer where your were or what you drank or smoked, and where you are going;

2. You have the right to REFUSE FIELD SOBRIETY TESTING at the scene (however, you may lose your drivers license for up to one year);

3. You have the right NOT TO CONSENT TO A SEARCH of your person or vehicle;

4. If booked, you have the right to an independent urine or blood test;

5. You have the RIGHT TO AN ATTORNEY.
Ramon Alvarado: A criminal conviction on your record will affect your future. Along with the unwanted stigma a criminal record carries, you may have to pay fines, do community service, or even spend time incarcerated.
Douglas Fox: Experience teaches that an alarming number of criminal charges are based upon the lies and exaggerations of the accusers Đ often times the police themselves. Even when the facts are not in dispute, the system may not Ňlet the punishment fit the crime.Ó DonŐt assume that judges and prosecutors will believe your story or show you mercy. Instead, GET TOUGH! Georgia has strict laws penalizing anyone driving under the influence of alcohol or drugs. You are automatically considered to be DUI (driving under the influence) if your blood alcohol concentration is 0.08% or higher. In Georgia, when you are pulled over for DUI, the arresting officer will most likely ask you to step out of your car and perform one or more field sobriety tests to determine whether or not you are under the influence of alcohol or drugs. You may also be asked to perform either a blood or breath test to determine your blood alcohol level. If you are determined to be intoxicated or otherwise impaired by an illegal substance, you will be arrested for DUI and your license will be confiscated. You will then have 10 days following your arrest to request a DMV (Department of Motor Vehicles) hearing to contest the DUI charge. If you fail to request a hearing within 10 days, your driverŐs license will be automatically suspended. A DUI conviction can result in very harsh penalties. Your sentence may include jail time, fines, restitution, probation and substance abuse classes. In addition, you will receive points on your driverŐs license, a driverŐs license suspension and a permanent mark on your criminal record. If you have been arrested for or charged with driving under the influence, it is in your best interest to hire an experienced DUI lawyer immediately. An experienced lawyer will protect your rights and fight for your freedom in the state of Georgia.
Michael Sheffield: Testing for Alcohol Intoxication
Richard Ryczek:
Standardized Field Sobriety Evaluation

NHTSA or the National Highway Transportation Safety Administration developed three Standardized field sobriety tests to help officers determine whether a DUI suspect's blood alcohol content exceeds .08 percent. The three Field Sobriety Tests are the Horizontal Gaze Nystagmus, the Nine Step Walk & Turn, and the One Leg Stand.

Horizontal Gaze Nystagmus Test (HGN)

What is the HGN and how is it performed?

Horizontal Gaze Nystagmus (more accurately lateral gaze nystagmus) is a medical term describing the involuntary jerking of the eyes. Officers perform this alleged "scientific" field sobriety test on your eyes. With your head still he instructs you to follow his pen with your eyes as he moves his pen (he will call it a "stimulus" to make the test sound more scientific) back-and-forth across your field of vision. As he moves his pen from side to side, he watches your eyes to see whether they jerk involuntarily; he is trained that central nervous system depressants (like alcohol or antidepressants) cause this involuntary jerking.

He is trained to perform three different tests to detect this involuntary jerking, and assess a "clue" for each time he sees the jerking The first test is called Lack of Smooth Pursuit. The officer holds the stimulus 12-14 inches from your face and moves it from right to left. He watches to see whether your eyes move smoothly or if they move like a windshield wiper moving across a dry windshield. Lack of smooth pursuit is present when the eyes move in a jagged motion like a dry windshield wiper and the officers assesses two clues if he sees lack of smooth pursuit in each eye.

The second test to detect nystagmus is called Distinct Nystagmus at Maximum Deviation. Here, the officer moves the stimulus to the far end of your peripheral vision. Once your eyes reach the maximum deviation, the officer holds his pen in that position for four seconds (at least). He looks to see whether your eyes remain still or whether they exhibit a pronounced jerking motion. If your eyes exhibit this pronounced jerking motion, then distinct nystagmus at maximum deviation is present, and the officer assesses two clues if he sees distinct nystagmus at maximum deviation in each eye.

The third and final test the officer performs to detect nystagmus is called Onset of Nystagmus Prior to Forty-Five Degrees. The officer moves his pen slowly from the center of your face to the side of your face. If your eyes begin to jerk prior the officer reaching a forty-five degree angle from the center, then you the officer will say you have onset of nystagmus prior to forty-five degrees.

The HGN a progressive evaluation. In other words, as your level of intoxication increases you begin to exhibit lack of smooth pursuit first, then distinct nystagmus at maximum deviation, and finally onset of nystagmus prior to 45ˇ. Officers testify that your alcohol content exceeds .08% when your eyes exhibit four or more clues on the HGN evaluation. To support their position, they cite studies conducted by NHTSA. However, the NHTSA studies are flawed, and provide no scientific basis for this claim.

Why the HGN test is not a good test.

First the NHTSA studies concluded the HGN test is only 77% accurate; this assumes that the officers conducted the test correctly. We all have nystagmus, however most of the time it is not detectable by the human eye; alcohol and drugs merely exaggerate this natural nystagmus to make it observable. Additionally, many people have an observable natural nystagmus. These factors contribute to false positive results on the HGN test.

Many officers perform this test incorrectly. Since the HGN test is considered a scientific test, the officer must administer the test the same way that it was validated. The National Transportation Safety Administration (NHTSA) validated the HGN test by performing it on subjects in a controlled environment. NHTSA mandates that the officer must perform the test according to their strict guidelines or the results are invalid. I have had a great deal of success convincing judges to suppress HGN results when officer administered the test incorrectly. This means the jurors in your case will never know that the officer administered the HGN test on you.

Furthermore, NHTSA's study validating the HGN test is flawed in two ways. First, NHTSA used a flawed scientific method in analyzing their data, and second their data are inconsistent. The scientific method is erroneous because they grouped four clues (lack of smooth pursuit and distinct nystagmus at maximum deviation in both eyes) together with six clues on the HGN (add onset prior to 45 ˇ) in the validation study. NHTSA wanted to know how many clues indicates a BAC exceeding .08 percent. NHTSA should have studied DUI subjects with four HGN clues to determine whether their BACs exceeded .08 percent, then study DUI subjects with six HGN clues asking the same question. Instead, NHTSA studied DUI subjects with four HGN clues with those having six clues. Six HGN clues indicates .08 or greater while four HGN clues does not, however NHTSA's study did not seek to address this issue. NHTSA's study is also flawed due to inconsistent data. Some NHTSA studies conclude that four HGN clues indicates a BAC exceeding .08 percent while NHTSA trains officers in more advanced DUI courses that four HGN clues means that the DUI subject's BAC is lower than .05%; under Georgia law the DUI suspect is presumed not to be impaired.

Your lawyer must be well versed in the NHTSA studies allegedly "validating" this HGN test in order to either exclude the test from your trial, or show the jurors that the HGN test is meaningless through cross-examination.

PHYSICAL AND DIVIDED ATTENTION TESTS

There are two additional field sobriety tests recommended by NHTSA. These are the 9-Step Walk and Turn and the One Leg Stand. These considered divided attention tests because they test your coordination while they test your ability to process and remember information.

9-Step Walk and Turn

The walk and turn test tests your coordination in addition to your ability to recall and process information. There are two phases to this test. The first phase is the instructional phase, and the second phase is the performance phase.

During the instructional phase, the officer tells you to place your right foot in front of your left foot, touching heel to toe. He should tell you to remain in that position until he tells you to begin. The officer will tell you how perform the test during the instructional phase, and he will watch to see if you are able to keep your balance while he gives these instructions. She will count off if you:
1. Begin the test too soon (before she tells you to begin).
2. Break the heel to toe stance while she instructs you.
During the performance phase she will watch to see whether you followed instructions and whether you were able to keep your balance while walking the straight line. She will count off during the performance phase if you:
1. Miss heel toe while walking a straight line.
2. Step off the imaginary straight line.
3. Use your arms for balance.
4. Stop while walking.
5. Take the incorrect number of steps.
6. Turn in a way that is different than the officer instructed.
One Leg Stand

The one leg stand also tests your coordination and your ability to comprehend instructions. During this test the officer tells you to raise the leg of your choice approximately six inches off the ground with your toe pointed straight. She then tells you to remain balancing in that position with your arms down by your sides, looking at your foot, and count by one thousands until she tells you to stop. Once you begin the test, she will look at her watch and stop the test once thirty actual seconds have elapsed. She will count off if you:
1. Hop
2. Sway
3. Use your arms for balance
4. Put your foot down
Field Sobriety Tests Do Not Accurately Determine Whether Driving Ability is Impaired.

Everybody is different. NHTSA developed these tests in a controlled environment. Their "test subjects" were dosed with alcohol and NHTSA studied the test subjects' ability to perform these tasks at various blood alcohol levels. The conditions to which NHTSA's test subjects were subjected are far different from the testing conditions to which a DUI suspect is subjected.

First, NHTSA's initial test subjects were not under investigation for DUI. They were volunteers who agreed to drink alcohol and perform various tasks in a gymnasium. A typical DUI suspect has been pulled over by the police. He begins his experience with a sinking feeling as he sees the flashing blue lights behind him. He pulls his car to the side of the road and the officer tells him to step out of his car to perform field sobriety tests. NHTSA's test subjects did not experience a DUI suspect's level of anxiety. NHTSA's volunteers did not begin their experience in the comfort of their own car. Their heart did not quicken as they saw the blue lights behind them. Their hands did not begin to shake as the officer told them to get out of the car. They did not have an officer with a gun and a nightstick ready to take them to jail for failing to satisfactorily perform the tests. Most jurors understand that Field Sobriety tests are difficult under the best of circumstances. Jurors also understand that your performance on field sobriety may be the result of nervousness rather than alcohol impairment.

Second, FST's do not test your driving ability. You are not guilty of DUI unless the State can prove that you were incapable of driving safely (or you were above the legal limit). Officers say that poor performance on FST's is an indicator of impaired driving ability. This is simply not true. People practice driving everyday. DUI suspects only get one chance to perform FST's. Officers do not let DUI subjects practice these tests. Even worse, the officers never tell the suspect what is required to pass the test so the suspect never knows what is expected of him. Again, everybody is different. Most people perform less well on FST's under such stressful conditions. Therefore, there is no direct correlation between driving ability and performance on FST's. One does not stand on one leg for thirty seconds while they drive a car. These are two completely unrelated skills.

NHTSA claims to have conducted "field" validation studies under arrest conditions; however their findings are unscientific as shown by their own data. Police officers often claim FST's are 91-94% accurate in making the arrest decision at a .08 level. To support this claim, they cite the "California Study". However, researchers used faulty science to "validate" FST's. Most importantly they validated FST's at a .08 level by using group of subjects with a sample mean (average) of .150 grams of alcohol. (see NHTSA's table below). To validate FST's at the .08 level, the researchers should have studied subjects closer to .08. Instead the researchers studied subjects who were obviously impaired.

To provide a real-world example of NHTSA's flawed method, suppose that you want to know whether NASCAR fans can accurately predict whether cars exceed a 65-mile per hour limit. To scientifically answer that question, your NASCAR fans must see cars traveling near 65 miles per hour. The average speed of the cars tested should be close to 65 mph, the desired discrimination point, and the fans must guess whether each car exceeded 65 mph. A validation study is meaningless if the NASCAR fans watch cars traveling at 135 mph. 100% of the NASCAR fans will accurately predict the cars exceed 65 mph. The same is true when the slower cars travel at 20 mph. The fans will correctly predict those cars are slower than 65. Although the fans would accurately predict speed over and under 65 mph under those circumstances, the study does nothing to truly validate predictions at 65 mph.

Similarly, NHTSA studied DUI arrestees with mean BAC's of .150 and non-arrest subjects with a mean BAC of .045 in the California study. In other words, those who were arrested, were obviously over a .08 since the average arrestee was .150 while the average non-arrestee was .045.
Steve Adkins: What You Should Know About a DUI Arrest Eight Ways Someone Can Be Charged With a DUI Under the O.C.G.A. 40-6-391 (a)(1-6) 1. Under the influence of alcohol to the extent that it is less safe for the person to drive; 2. Under the influence of any drug to the extent that it is less safe to drive; 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; 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; 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 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. Under the O.C.G.A. 40-6-391 (I) provides that: 7. A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person?s blood, breath or urine. Under the O.C.G.A. 40-6-391 (k)(1) that: 8. A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person?s alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. The ALS Letter A form called the DPS 1205 Form is usually sent to the Georgia Department of Motor Vehicle Safety after your arrest under these conditions; 1. You are under the age of 21 and tested 0.02% or higher; 2. You are 21 years old or older and tested 0.08% or higher; 3. You were driving a commercial vehicle and tested 0.04% or higher; or 4. The arresting officer alleges that you refused to take a blood, breath, or urine test. If any of the above apply to you then a letter called an "ALS Letter," requesting a hearing, should be sent within ten business days of your arrest so your license is not automatically suspended on the 31st days after your arrest. If you refused to take a blood, breath, or urine test, then the suspension will be for one year with no work permit. So, it is imperative that a letter be mailed out the D.M.V.S., so you can protect you driver?s license.
Scott Estes: Pursuant to Federal Rule of Criminal Procedure (FRCP) 11, prosecutors may promise to move to dismiss other charges or recommend that the court authorize a specific sentence or sentencing range in order to encourage a criminal defendant to plead guilty to a certain charge. In addition, Rule 11 requires courts to advise a defendant considering entering into a plea agreement that the defendant has no right to withdraw the plea if the court does not follow the prosecutor's request or recommendation. In fact, failure to warn a defendant that there is no right to withdraw a plea if the court rejects the prosecutor's request or recommendation may entitle a defendant who is subsequently convicted to obtain relief based on a Rule 11 failing.
Spence, Carl: The Eight Ways That A Person Can Be Charged With DUI In Georgia
Section 40-6-391 of Official Code of Georgia provides a total of eight possible ways for a person to be charged with driving under the influence.
1. For any driver, 40-6-391(a)(1-6) gives six ways for a person to be considered DUI by stating that a person shall not drive or be in actual physical control of any moving vehicle while:
2. Under the influence of alcohol to the extent that it is less safe for the person to drive;
3. Under the influence of any drug to the extent that it is less safe for the person to drive;
4. 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;
5. 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;
6. 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
7. 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, for commercial drivers, 40-6-391(i) provides that:
8. A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine.
  And, for drivers under 21 years of age, 40-6-391(k)(1) that:
9. A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended.
Clark & Towne: Alcohol has been around for a long time. Cars have been around since the turn of the century. For the past eighty years or so, the American legal system has had to deal with the problem of intoxicated drivers. As cars have gotten bigger and faster, the dangers associated with drunk driving have increased, and the laws have frequently changed. Recent political trends have caused a rise in the conviction rate for DUI, the severity of punishment, and the intensity of enforcement efforts. THERE ARE 6 TYPES OF DUI 1. Driving Under the Influence Đ Less Safe O.C.G.A. ¤40-6-391(a)(1) makes it a crime to be in Ňactual physical control of any moving vehicleÓ while under the influence of alcohol to the extent that it is Ňless safeÓ for the person to drive. This is the basic DUI law that makes drunk driving illegal. Through the years, the politicians have made it easier for prosecutors to win cases by expanding the definitions of ŇdrunkÓ and ŇdrivingÓ. ŇDrunk is now defined as being under the influence of alcohol to the extent that it is less safe to drive. Judges and prosecutors liberally assume a Ňless safeÓ condition from the existence of any traffic violation, such as speeding, weaving, improper backing, or failure to signal. Juries often assume that if there are any physical manifestations of drinking, i.e., bloodshot eyes, slurred speech, unsteady walk or order of alcohol that the accused was in a Ňless safeÓ condition if he was pulled over for a traffic violation. On the other hand, the appellate courts have held that a driver can be in a Ňless safeÓ condition even if he or she was not driving poorly - Ňless safeÓ refers the condition of the driver, not the quality of his or her driving. ŇDrivingÓ has been given a broad meaning as well. If you are intoxicated and are sitting in a parked car with the motor running, coasting in neutral in your own driveway, or simply starting a car, you may be lawfully convicted under the present law of DUI. DUI can be committed on private property and in any kind of moving vehicle, including go-carts, golf carts, and boats. 2. Driving With Unlawful Blood Alcohol Level O.C.G.A. ¤40-6-391(a)(5) is GeorgiaŐs Ňper seÓ DUI statute. Anyone caught driving with a blood alcohol concentration (BAC) of 0.08 grams % or more is assumed to be so intoxicated that he or she cannot possibly be a safe driver. There is no need to prove that the driver was driving poorly or even that he or she was feeling the effects of intoxication. If you were over the limit and were behind the wheel, you may be found guilty, period. GeorgiaŐs original DUI law set a 0.15 grams% limit for intoxication, which was endorsed by the American Medical Association at the time; however,lobbying groups funded by big insurance companies have forced the federal government to Ňstrong-armÓ state governments into lowering their Ňper seÓ DUI levels. The U. S. Congress is denying states needed highway construction money unless the states pass laws lowering the legal intoxication limit. Georgia bowed to this federal pressure twice,first lowering the legal limit to 0.12 grams%, and then, in 1994,to 0.10 grams%. GeorgiaŐs limit has been lowered to 0.08 grams%, due to additional federal legislation enacted during the Reagan administration. Many more drivers will be sent to jail for DUI who were never drunk. Consider also that all breath tests and blood tests following a DUI arrest are taken an hour or two after the suspect drove. Therefore, the test does not show the blood alcohol level at the time of driving at all. Legislators think they cured this defect by changing the law to make it a crime to have a 0.08 grams% BAC at any time within three hours of driving. A similarly worded Pennsylvania law was declared unconstitutional in 1995. Most accused drinking drivers submit to chemical testing of the breath, blood or urine and are charged under both (a)(1) and (a)(5), ŇDUI less safeÓ and ŇDUI per seÓ. This is a strategy that makes it easier to convict you. Prosecutors who do not understand the science of breath or blood testing can argue the importance of the breath test, and, at the same time, argue that the test is unnecessary because the suspect was obviously Ňless safeÓ. For drivers under the age of 21, the law makes it illegal, for all practical purposes, to drink any amount of alcohol and then drive a car. The Ňper seÓ level for drivers under 21 years old is 0.02 grams%. This reflects Ňzero toleranceÓ policy on youthful offenders. The problem is that the breathalyzer is not calibrated and the calibration is never checked to detect low levels of BAC. A good number of young people are being unfairly stigmatized at a crucial period in their lives because of inaccuracies. Drivers holding a commercial driverŐs license (CDL) are subject to a per se level of 0.04 g%. There are also automatic punishments for CDL holders who are shown to have any amount of alcohol on their breath. 3. Driving Under the Influence of Drugs O.C.G.A. ¤40-6-391(a)(2) makes it illegal for any person to drive while under the influence of any drug, legal or illegal, to the extent that it is less safe for the person to drive. Drugs other than alcohol can and do impair the motor skills and cognitive capability necessary to safely drive a car. This ŇcatchallÓ DUI statute allows a conviction for driving under the influence of any drug whatsoever, be it Tylenol or crack cocaine; however, the prosecution must still prove that the drug impaired the personŐs driving ability at the time he or she was driving. Breath tests and most of the roadside coordination tests are specific to alcohol so drug impairment is harder to prove. 4. Driving Under the Combined Influence of Alcohol and Drugs O.C.G.A. ¤40-6-391(a)(4) makes it illegal to drive under the combined influence of alcohol, drugs, and/or toxic vapors to the extent that the driver is Ňless safeÓ. This law was passed to account for situations in which the driver had both alcohol and a drug in his or her system and it could not truly be determined which drug impaired the driver more. It is required that the prosecutor prove the driver to have been Ňless safeÓ under this code section. 5. Driving Under the Influence of Toxic Vapors A relatively new provision, O.C.G.A. ¤40-6-391(a)(3), makes it illegal to drive under the ŇintentionalÓ influence of any glue, aerosol, or other toxic vapor to the extent that the driver is Ňless safeÓ. This law was enacted to counter the defense that a toxic vapor is not a ŇdrugÓ. As you might imagine, it is infrequently used, as glue sniffing or ŇhuffingÓ is not particularly popular among those old enough to drive. 6. Driving Under the Influence of Illegal Drugs DUI / MARIJUANA LAW STRUCK DOWN BY CLARK & TOWNE O.C.G.A. ¤40-6-391 (a)(6) makes it illegal to drive with any amount of an illegal drug in your blood or urine or with any amounts of metabolites of an illegal drug in your blood or urine, as long as that drug is NOT MARIJUANA. The Georgia Supreme Court in Love v. State, a case argued and won by our firm in 1999, declared this subsection unconstitutional. All prosecutions for DUI Đ marijuana must now be brought under subsection (a)(2), discussed above. Prosecutions for DUI-cocaine or other illegal street drugs are routinely brought under this section.
Christine Koehler: If you refuse the police officer's blood, breath, or urine test, you are facing a 1 year suspension. Within 10 business days of your arrest you must request a hearing in writing. If you took the police officer's blood, breath, or urine test and you scored above the legal limit (0.10 or higher for 21 or over drivers; 0.02 or higher for drivers under 21; 0.04 or higher for commercial drivers), you must also request a hearing within 10 business days of your arrest. Failure to do so will result in a suspended license.
Margaret Washburn: Have you had more than one DUI? A second DUI will cause you to have the Interlock Ignition Device placed on your car. In some cases, you must surrender your auto tag.

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