Guy Sharpe:
DUI is a serious offense with very severe consequences. Jail time,
stiff fines, license revocation, probation and increased insurance
costs are some of the consequences of being found guilty of DUI.
Society and the courts have declared war on the DUI driver.
DUI is a crime of degrees. In Georgia, it is not illegal to have a
drink with your meal and drive. It is illegal to drink too much and
then drive. It is also illegal to drink while driving. The best advice
to follow is not to drink and drive.
Don't tempt fate. Before leaving a bar or restaurant parking lot,
check to see if there are any cops in the area. If so, wait until the
cops follow another person from the lot, and then leave. You may be
pulled over just because you were seen leaving a bar even though you
are not DUI.
In Georgia, you can be arrested for DUI if you are sitting behind
the wheel, have the keys in the ignition, in a parked car. You don't
have to be driving to get a DUI ticket. You can be arrested for DUI if
you have been driving within the last 3 hours, under the influence of
alcohol or drugs.
Think twice before confessing that you have had a couple of beers
when asked if you have been drinking. If you do confess, the cop is
going to continue his investigation. You may want to ask to talk to
your lawyer before you answer any questions. Of course, if you say no,
the cop may let you go; but he may request that you blow into an
alcosensor. You have the right to refuse to blow into the alcosensor at
the scene. This is not the same machine that you are required to blow
into in order to keep your driver's license. The alcosensor is a
portable screening device that is used by the cops to help them make
their decision as to whether or not to arrest you. Remember, everything
that you do will be noted and possibly used against you if you are
arrested for DUI. Keep your discussions with the police about your
activities that night to a minimum. Remember, you are probably being
video taped and your conversation recorded. Politely tell the cop that
you want to talk to your attorney if they ask too many questions about
your drinking or what you have been doing and where you are going.
Don't take field sobriety tests. They are voluntary. The police may
tell you that if you don't do them then you will be arrested for DUI.
Keep in mind that most people have a hard time passing them under
stressful conditions. Your performance on the tests will be used
against you if you are arrested for DUI, so limit the evidence that
will be used against you by not doing the field sobriety tests.
Try to get home before midnight. The odds of being pulled over increase substantially after midnight.
Your weight has a direct effect on the amount of alcohol you can
consume before you are considered DUI. Don't drink on an empty stomach.
Drinking on an empty stomach speeds the rate of alcohol absorption.
Drinking carbonated beverages also increases the speed of alcohol
absorption into the bloodstream.
Alcohol has no odor. The odor associated with drinking comes from
the flavoring in the alcoholic beverage. Beer and wine both have a
strong odor. The same goes for whiskey or scotch. For instance, vodka
with orange juice or some other juice will have no alcoholic odor.
Under cross examination, the police will admit that they can not tell
how many drinks a person has consumed by the odor of the alcoholic
beverage alone.
In Georgia, the police are not required to read you the so called
"Miranda warnings" before arresting you for DUI. The reading of
''Miranda warnings" only applies to "in custody interrogations". Once
in custody, they can not question you about your drinking without
reading you the "Miranda warnings". Of course, many people begin
confessing in the hopes that the police will let them go and that is
not a good thing to do.
The police are required to read you the "implied consent" rights.
These rights advise you that you have the right to have a "qualified
person" administer an independent test of your own choosing, after you
have taken the test designated by the police officer. If the police
officer does not tell you the "implied consent" rights, that is grounds
for having the state blood alcohol test thrown out in the trial of your
case.