Reader’s Question:
My cousin from Athens, Georgia was charged some time last month for DWI arrest. His car got pulled over by a policeman due to his driving behavior. I remember he said that he had a slurred speech at that time because of his panic attack. Is a slurred speech a sign of intoxication?
Janice
Athens, GA
A very interesting question, Janice. In Georgia, police officers are taught to look signs and symptoms of impairment or intoxication. Slurred speech is actually one of those signs they are looking for based on the research conducted by the National Highway Traffic and Safety Administration (NHTSA) that can be used against you for a DWI arrest.
Actually, the answer to your question is a both a Yes and a No. Why yes? Because it is very likely that slurred speech can be caused by excessive intake of alcohol. And it is a No, because slurred speech can also sometimes be associated to a speech impediment or a neurological disorder. Research has proven that most people can differentiate between sober (individual that has a disorder) or an intoxicated speech just by listening to the recordings of people talking. However, this does not mean that any judge with high reliability can easily determine an individual if he or she is intoxicated just by simply listening to how they talk. Even those people that are experts in speech, called phoneticians, are not that better in making these kinds of judgments. Also, another problem why slurred speech is not a good indicator of intoxication is because alcohol is not the only cause for someone to have a slurred speech. It is interesting to mention that a rare condition called Ataxic dysarthria. It is a neurological problem that causes a person to sound drunk. Stress can also be a great factor to cause someone to have a slurred speech.
Reader’s Question:
I was caught drunk driving here in Georgia. I was immediately charged with DUI and brought to the police station when I registered a blood alcohol level that is higher than the legal limit. My driver’s license was immediately taken by the officer. Is it a general practice for the police to suspend my license instantly after being charged with DUI?
Rick
Northeast Cobb, GA
Driver’s license suspension or revocation is one of the most common punishments for DUI conviction. Generally, statutory chapters that set guidelines for the granting of driver’s licenses also provide the circumstances under which they can be revoked. License revocations have primarily become a simple state administrative agency matter which occurs automatically upon conviction of a DUI offense.
In your case, since you were charged with DUI in the state of Georgia, your license was not actually immediately suspended. Yes, it is a common practice by any police officer to take your license immediately if you have a blood alcohol level that is more than the legal limit, but you still have time to request a hearing from the Department of Motor Vehicles (DMV) so that your license will not be suspended. You have 10 days to file for a hearing with the DMV. If you don’t request a hearing the DMV within 10 days of your arrest, your license will be automatically suspended. If you lose the hearing or fail to request a hearing on time, DMV will suspend your privilege to drive for four months or one year if you have a prior conviction. However, you can be eligible for a five-month restricted license after 30 days of your suspension if this is your first DUI charge. You are not eligible for a restricted work-driving-only license until a one-year suspension is completed if you have a prior conviction within 10 years.
Reader’s Question:
I have a lot of questions regarding DUI lawyers. My son has been charged with DUI here in Georgia for the first time and the case seems to be serious. I believe we need a lawyer, so how can we find the best DUI lawyer who would represent my son? What is the range of fees for Georgia DUI lawyers?
Phoebe
Atlanta, GA
There’s a possibility to make a plea bargain with the District Attorney’s Office. It could mean more jail time than if your son had retained a DUI lawyer, especially if the case is serious. A good lawyer would be able to update you and your son on his case regularly and is fairly reachable even in off-hours if there is an emergency.
One of the resources for Georgia DUI Attorneys is the Internet. There are a lot of lawyer directories that are easy-to-use and are categorized according to area. I also suggest that you check the local telephone directory and find one nearest your area.
Georgia DUI lawyer’s fees vary depending on the nature of the case. The factors that need to be considered include degree of offense, whether the offense has caused damage to life or property, whether the defendant has been convicted of misdemeanor or felony, and whether the offense if the first or is a repeat. Fees could vary also depending on the reputation of the lawyer. It might cost you $500 to $2,000. If your son has a severe case that caused damage to life or property, you may want to get a more experienced Georgia DUI lawyer but this would cost you more. However, the fee would be small, compared to jail time.
Reader’s Question:
My nephew is in trial right now because of a DUI charge here in Georgia. His lawyer advised him that he may have a conditional discharge. His parents are out of the country so I am the only one looking out for him. Because of that, he asked me to find him a DUI school. Is a DUI school a requirement for someone convicted of DUI?
Clarisse
Columbus, GA
Yes, in the state of Georgia, every DUI conviction, including a conditional discharge, the defendant would be required to attend a statutorily-mandated class on the risks of driving under the influence. These classes have different names, such as “risk-reduction school,” or traffic school, but commonly called DUI School.
In Georgia, the type and curriculum of the classes vary depending on whether the person is facing a first offense or repeat offense DUI conviction.
The general principle behind a DUI school is primarily the prevention of DUI charge again by use of educational components. The state of Georgia’s legislature has generally adopted recommendations for use of DUI schools from National Highway Traffic Safety Administration (NHTSA), which oversees highway safety issues for the US Government.
The completion of DUI School is a pre-requisite to being permitted to legally operate or drive a vehicle on the highways of Georgia again. Failure of completion of the course and providing of proof in accordance with the state law requirements renders the offender’s driver’s license suspended or revoked indefinitely. A reinstatement fee is also a requirement to accompany the driving school certificate when a certificate of completion is provided to the state licensing agency.
Reader’s Question:
I have a DUI charge here in Georgia and I haven’t gone to court. I was told that there would be a different hearing for the DMV. How is this different from court trial?
Paul
Savannah, GA
Many drivers charged with DUI do not understand the relationship between their criminal case and the DMV. A Georgia DUI charge triggers two separate cases: the DMV case and the criminal case. Both the DMV and the court could order license suspensions in the past. Only the DMV can suspend a license now, either because of a criminal court conviction or an unsuccessful DMV hearing. In other words, the DMV may still decide to suspend your license even if the jury finds you not guilty.
The DMV hearing following a DUI charge is called the “administrative per se” (APS) hearing. The hearing is being held at the DMV offices nearest to where the offense occurred. The DMV hearing will focus on the various chemical test and police reports unlike the court trials which involve live witness testimony. In a DMV hearing, the judge and the prosecutor are the same person. In other words, the person seeking to introduce evidence is the same one who will rule upon it. This individual is not a lawyer or a judge, but an employee of the DMV.
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