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“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 …
Looking only at the Georgia law, it would appear that the answer to this question is “yes.” The Peachtree State has a per se DUI law. If the defendant’s BAC level is above the legal limit, the defendant is intoxicated as a matter of law. Physical symptoms of intoxication, or the lack thereof, are irrelevant. …
Recently, we have received several calls from people who were almost literally asleep at the wheel, and before they knew what was happening, they were arrested for DUI. Officers are very aggressive in this area, and their aggression is increasing. The DUI arrest rate in the Peachtree State is one-third higher today than it was …
During certain times, as many as a fifth of area drivers are under the influence of drugs. This figure may be artificially low, as it does not include drivers who are under the influence of an over-the-counter medication, such as NyQuil, Sominex, or Benadryl. Prescription painkillers, such as Oxycontin and Fentanyl, are the most common …
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 …
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 …
