Reader’s Question:
My cousin badly needs help as she was arrested for DUI here in Athens, Georgia. She was advised that she should hire a DUI lawyer. What can a DUI lawyer do with regard to her driver’s license?
Lincoln
Athens, GA
Driving is a very essential part of life. All of us have important places to go and things to do. If our driver’s licenses are taken away, our lives stop. In the state of Georgia, a police officer can take away your driver’s license as soon as a Breathalyzer test has been failed. But if your cousin has a DUI lawyer to defend her on her DUI case, the DUI lawyer will communicate these facts to the judge to help keep her license:
-Driving is vital for her to get to work; she needs it to maintain a living for her and her family
-Driving is her sole form of transportation
-Suspending her driver’s license would impact your family who are innocent
The DUI lawyer would review the arguments with your cousin prior to the court proceedings. It is very important that she hires a lawyer who is well versed in Georgia DUI laws. If her regular lawyer or family lawyer is qualified on DUI field, he/she can represent your cousin. So if your cousin wants to maintain the privilege to drive, she should contact a DUI lawyer in Athens, Georgia now.
Tags: DUI, DUI advice, DUI lawyer
Reader’s Question:
When my brother was brought to the police crime lab for further testing because of his DUI arrest in Albany, Georgia, he told me that blood was drawn from him to test his alcohol level. What could be the possible defects of this blood alcohol test?
Bianca
Albany, GA
In almost all DUI cases, blood drawn for a forensic blood test is taken from the suspect via a vacutainer. The vacutainer contains two substances which are sodium fluoride, a preservative, and potassium oxalate, an anticoagulent. They are vacuum sealed, which explains why they are called vacutainers and they have expiration date but very few police officers, state crime lab personnel or phlebotomists pay any attention to the expiration date.
One possible defect of the blood test is a bad seal on the vacutainer, which of course is impossible to detect after the test because it has been opened. Another one would be the improper amount of sodium fluoride in the vial. The proper amount of sodium fluoride is critical since the vials are refrigerated prior to their delivery to the crime lab. Either too small or too much amount can lead to a false high test result. Also, improper amount of potassium oxalate can cause false blood test result. Organisms the environment such as candida albicans can get in case of a bad seal. The organism that may be in the DUI suspect’s blood will grow unless there is enough sodium fluoride in the vial. If any of these happened when your brother’s blood was tested for alcohol level for his DUI charge in Albany, Georgia, he will in all likelihood have a false high blood alcohol concentration reported by the lab.
Tags: DUI, DUI advice, DUI arrest, DUI lawyer
Reader’s Question:
Is it really necessary for me to hire a DWI attorney when charged with DWI in Macon, Georgia?
Phil
Macon, Georgia
Georgia is one of the states which strongly ensure the safety of the streets by making the laws tougher. Though there will always be loopholes in the law, the unfortunate victims of drunk drivers are satisfied to realize that even if the DWI offender is not punished, the charges can create enough furor to make the life of the charged difficult.
Georgia DWI laws are quite complex and only an experienced lawyer will be able to help you out in this difficult situation so, yes, hiring a DWI lawyer is an absolute necessity. With proper representation, you can probably get your driving license back and you can also get a bail from the court. A DWI lawyer’s duty is to check the evidences that were collected by the law enforcement officer. Even if evidences turned out to be against you, you can reduce the punishment in a plea bargain. Needless to say, you should always opt to hire a lawyer when charged with DWI in Macon, Georgia so that you can reduce the suspension period of your license.
Tags: drunk driving laws, DWI advice, DWI lawyer
Reader’s Question:
My daughter was arrested for DUI in Augusta-Richmond County, Georgia. She was suspected by the officer to be drunk because of her physical appearance and the officer smelled alcohol on her and on the vehicle. I found out that alcohol really does not have an odor and there can be other factors which can cause a person to look drunk but actually not drunk. Can she use these as defenses?
Lex
Augusta-Richmond County, GA
Yes, you can use those things as possible defenses on your daughter’s DUI charge in Augusta-Richmond County, Georgia. Ethanol or the alcohol we drink actually has no odor. In general, other substances contained in the alcoholic beverage give it the smell of “alcohol.” A police officer would generally affirm that alcohol really has no odor when faced on the stand and that he doesn’t really know how much a person has consumed. Thus, it doesn’t necessarily provide evidence that the person drank enough to be “under the influence” or to have a BAC over the legal limit.
Regarding your daughter’s physical appearance at the time of the arrest, most signs of DUI can actually be signs of fatigue. Many of the things associated with a DUI can be easily explained by fatigue. Being over-tired can cause a person to perform poorly on field sobriety tests that require vigilance and good coordination. Fatigue can also cause watery eyes and erratic vehicle operation. Driving while tired is dangerous in its own right and should be avoided but the symptoms of driving while tired can be confused with the symptoms of driving under the influence. A DUI lawyer should emphasize these non-alcohol-based explanations for the police officer’s observations.
Tags: drunk driving laws, DUI, DUI advice, DUI lawyer
Reader’s Question:
I live in Atlanta, Georgia and have been detained for my first offense for DUI ever. What will happen to me and what would be the possible penalties that I will be facing?
Fiona
Atlanta, GA
Since this is your first offense for DUI ever, the probable punishments consist of a fine or jail time of anywhere from ten days to one year. You would spend the first night in jail unless your blood alcohol content (BAC) was less than .08 percent.
If you plead guilty or if you get convicted for your DUI charge in Atlanta, Georgia, it is compulsory that you receive at least 12 months of probation (less any jail time served). In addition, you must also complete at least 40 hours of community service (if you are under the age of 21, it is at least 20 hours).
Your license would be suspended for at least one year if you are over the age of 21. It may be necessary to complete a course at DUI School. There is also a fee to have your license reinstated. Partial driving privileges are also possible for you to go to work and school. Your license would be suspended for no less than six months if you are under the age of 21 and have less than .08 percent BAC. You will have least one year suspension if your BAC is over .08 percent. But, the police officer may be able to prove that you were driving unsafely at .05 percent BAC that’s why it is always best to never drink and drive.
Tags: drunk driving laws, DUI, DUI advice
Reader’s Question:
My father has a DUI conviction here in Savannah, Georgia. He was advised by his lawyer that he can have his DUI record cleared. If this is true, what is the eligibility of having a DUI record cleared?
Nadia
Savannah, GA
Yes, your father can have his DUI record in Savannah, Georgia erased in the eyes of the law, or more exactly, in the file of the Georgia Crime Information Center. This is through expungement of the DUI record.
Expungement happens under very limited situations. If your father was detained but not convicted, he may apply to have his arrest record expunged so that a potential employer does not see his arrest on his criminal record. Nevertheless, it is not a given right that if he applies for it, expungement will happen. Your father’s DUI record can be expunged if he has no other criminal charges pending against him and he has not been convicted of the same or an analogous crime in the last five years. He can apply for DUI expungement by going to the law enforcement or sheriff’s unit that arrested him ask for expungement forms. He needs to know the date he was detained and the misdemeanour for which he was arrested. After he completes the forms and returns them to the arresting organization, they will file the forms with the district or state attorney’s office for determination of his case and he will be advised of the outcome.
If he is denied for the expungement, inside thirty days, he can file an appeal with the superior court of the county where he was detained. Another alternative is requesting to have his civil liberties restored if his crimes cannot be expunged from his criminal record. He can apply for this if he has served his condemnation and he lives in Georgia.
Tags: drunk driving laws, DUI, DUI advice, DUI lawyer
Reader’s Question:
I have been convicted for DUI here in Columbus, Georgia and I filed for SR22 so that I can get my license back. I was able to find an insurance company who would give me coverage. What happens if my insurance has been cancelled? How will it affect my SR22 auto insurance?
Terrence
Columbus, GA
It’s a good thing that you were able to find an insurance company who would give you coverage on your SR22 insurance after you have been convicted for DUI in Columbus, Georgia. SR22 auto insurance is really required after a DUI conviction so that you can have your driver’s license reinstated. Drivers who have a DUI on their driving records are already considered to be a higher risk that is why they need to show that they have at least the minimum level of liability coverage on their vehicles. By issuing SR22, your insurance company guarantees that you would keep this insurance in effect for three years.
Your insurance company is legally obligated to report you to the Georgia Department of Motor Vehicles (DMV) if your policy is cancelled or revoked. If you are required to have SR22 on your DMV file and if you don’t keep your insurance coverage in place, your driver’s license may be suspended.
Tags: drunk driving insurance, drunk driving laws, DUI lawyer, insurance, SR22 insurance
Reader’s Question:
I have never been arrested for DUI but I admit that I usually drink and drive. What advice could you give me as to what I will do if I will be caught drunk driving here in Georgia?
Jim
Augusta, GA
If you usually drink and drive, you have to understand that as the amount of car accidents and fatalities due to drinking and driving increases, so will your chances of being caught and getting charged with DUI in Georgia. DUI is a criminal violation; thus law enforcement officers are cracking down on drinking and driving and will use any lawful justification to stop your vehicle in order to probe further if you have been driving under the influence.
If you get pulled over because of a DUI suspicion, just cooperate with the police officer. You have to be polite in tendering your driver’s license, registration and proof of insurance. But do not ever convince the officer that you should not be arrested or you are not driving under the influence. This is because of the evidence you will end up giving the police officer. They love asking several questions and I advise you not to answer any of these questions, but let the officer know that you are happy to cooperate and that you wish to maintain your right to remain silent and not self-incriminate yourself as governed by the Fifth Amendment. Police officers ask a lot of questions in effort build their case against you. They want you to incriminate yourself and justify why they should arrest you for driving under the influence.
Tags: DUI, DUI lawyer
Reader’s Question:
I was charged with DUI here in Georgia. I was thinking about just pleading guilty during the arraignment. A friend of mine advised me to get a DUI lawyer. Could you tell me the importance of getting a DUI lawyer?
Dean
Roswell, GA
Just think about the possible effects of DUI in your life. First of all, if you get convicted of your DUI charge in Georgia, not only you are facing tough penalties but there are other aspects in your life that will be affected. Employment is just one aspect that will be affected. If you have a DUI conviction on your record, you would have to disclose that when asked during an interview or an employment application. Not only that it is embarrassing, but it can be a major hindrance in getting a job, especially those jobs requiring transportation or delivery.
A DUI conviction can also affect your life when it comes to family. For example, custody issues in Georgia are governed by the best interests of the child. Though there are a lot of factors looked at by the courts to determine the best interest of the child, you can be sure that opposing counsel is going to let the judge know that you were previously or recently found guilty of a DUI offense.
Having the services of a good DUI lawyer to represent you on your case would actually make the difference between going to prison, having the charges reduced or even having the services dropped. Have at least a fighting chance; be smart to know that you can’t face this kind of charge alone.
Tags: DUI, DUI lawyer
Reader’s Question:
My sister was charged with DUI in Georgia. She’s in search right now of a DUI lawyer who would represent her. Would it be best if she search for a DUI lawyer through the internet?
Aileen
Athens-Clarke County, GA
In getting legal services, the Internet could actually serve as one of the best places to start your search. If your sister was charged with DUI in Georgia, the Internet is one of the best sources to find legal services because lawyers and law firms also advertise their services online. Some people actually find it very comfortable to seek legal help online because it would be at their ease to find what they are looking for at their fingertips by just clicking their mouse. Some lawyers and law firms who advertise online also offer free initial consultation.
Your sister would have to be very careful though because it may also mean that some of these lawyers and law firms may have other agenda. There may be times that the “lawyer” she may be dealing with online may only be out to con her out of her money. That is because the Internet can also be home to some unscrupulous people who only want to fool us. She should arm herself with information so that she can avoid being fooled by these “lawyers” who cannot give her the legal services that she needs.
Tags: DUI lawyer
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