Are DUI Checkpoints Legal in Georgia?
Lots of people ask this question around Labor Day. DUI checkpoints usually pop up all over Cobb County on this holiday weekend. That’s because many people associate Labor Day with hot food, close friends, good football, and harmless fun. The State of Georgia’s definition of “harmless fun” might be quite different from your definition. And, […]
What’s the Penalty for First-Time DUI in Georgia?
When people ask us this question, they’re really asking “How do I avoid the penalty for first-time DUI in Georgia?” These offenses carry substantial direct and indirect consequences. The direct consequences of a first-time DUI in Georgia are relatively light, compared with the law in other states. A first-time offender must spend between twenty-four hours […]
What is the Best Defense for DUI?
Since the late 1990s, thousands of people have asked this question. Before then, DUI was little more than a traffic ticket. Then, under pressure from advocacy groups, the laws started getting tougher, especially in the south. Today, Georgia has one of the harshest DUI laws in the nation. As legislative and judicial authorities strengthened the […]
Some Common Non-Intoxication Defenses in DWI Cases
Intoxication, or lack thereof, is usually the most important issue in a DWI case. Since Georgia has a per se DWI law, prosecutors must prove the defendant’s BAC level was above the legal limit or the defendant had lost the normal use of his/her physical faculties. Effective intoxication defenses are usually available. The Field Sobriety […]
Surviving DUI Probation in Cobb County: A Field Guide
Judges nearly always probate jail sentences in DUI cases. Felony DUIS and cases with extreme aggravating circumstances, like a fatal collision, are the biggest exceptions. Since the normal period of probation, even for a first-time offense, is one to two years, many defendants opt for a brief jail sentence in lieu of probation. Incarceration instead […]
Successfully Challenging Chemical Test Results in DUI Cases
“Do you agree to provide a chemical sample” is often the biggest DUI arrest question. The conviction rate in test cases is much higher than the conviction rate in non-test cases. In fact, many defendants assume that if they provide a breath or blood sample, they are automatically guilty. Fortunately, that’s not true, especially in […]
Four Non-Intoxication Defenses in a DUI Case
Prior to the mid-1990s, DUI was essentially a traffic ticket. Frequently, officers released suspected drunk drivers with warnings. Even if the cases made it to court, they were relatively difficult to prove, and the penalties were rather light. Things have changed a lot. In many jurisdictions, over half the probationers were convicted of DUI. Law […]
Are DUI Checkpoints Always Legal?
Absolutely not. And, many drivers might have this question during the summer of 2020 as area law enforcement agencies deal with coronavirus fallout. Normally, DUI roadblocks are large-scale, expensive operations. That explains why they usually only pop up during certain times of year. But many Atlanta-area law enforcement groups might use min-checkpoints as a cost-effective […]
Obtaining Compensation in Alcohol-Related Wrecks
The first drunk driving crash probably happened in 1897. George Smith, a taxi driver, was allegedly intoxicated when he hit a building. He eventually pleaded guilty, and a judge fined him twenty-five shillings. There were no serious injuries in that crash, but that’s not normally true in alcohol-related collisions. In fact, alcohol is a factor […]
Five Key DUI Checkpoint Requirements in Marietta
Georgia and thirty-seven other states allow peace officers to circumvent the Fourth Amendment and pull over motorists without warrants or reasonable suspicion to check for DUI. To quote Uncle Ben, with great power comes great responsibility. Because DUI checkpoints give police officers so much power, these checkpoints must conform to specific legal requirements.This power is […]
