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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 …
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 …
“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 …
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 …
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 …
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 …
