Reader’s Question:
I heard that there are two types of DUI in Georgia that can be charged against an offender. I know that one is the so-called “per se” DUI but I don’t know what it means. What does this mean and could you also name and define the other type of DUI in Georgia? I just wanna know these so that I’d be educated in case I am or someone I know gets arrested for DUI here in Athens, Georgia.
Farah
Athens, GA
To educate yourself in case a DUI arrest happens to you or someone you know in Athens, Georgia, here is the information that you need to know about DUI cases in Georgia. There are two types of DUI cases in Georgia and the first one is the “per se” DUI which means the person arrested for DUI has a blood alcohol level that is more than the legal limit of 0.08% within three hours of driving or being in actual physical control of a moving vehicle from consuming alcohol prior to or while driving. A DUI could also be “per se” if an illegal drug other than marijuana is found in the blood or urine. Under current case law, Marijuana DUI cases should be proven by establishing that the motorist was a less safe driver because of marijuana use.
The second type of DUI is a “less safe” DUI which usually pursued when the person accused of DUI is arrested but there is no blood alcohol test available either because the chemical test sample was taken illegally and subsequently suppressed by a Court of law or not obtained for some other reason. This simply means that the person accused of DUI is less safe driver because he consumed alcohol or drugs prior to or while driving than they would have been had they not consumed alcohol or drugs beyond a reasonable doubt.
Tags: blood alcohol, blood alcohol test, DUI, DUI lawyer
Reader’s Question:
Hi, my sister was charged for DUI here in Sandy Springs, Georgia and I heard her and her friend talking about a 10-day rule. What does a 10-day rule mean in DUI cases?
Gina
Sandy Springs, GA
On your sister’s DUI arrest in Sandy Springs, Georgia, if she either refused to take a blood alcohol test or if she submitted to a breathalyzer (Intoxilyzer 5000) test and had a blood alcohol content (BAC) of 0.08 or more (age 21 or more), 0.04 or more (if operating a commercial vehicle), 0.02 or higher (if under age 21), the state would attempt to suspend her driver’s license or privilege to drive for one to five years. In most DUI cases, this state’s attempt in taking away the right to drive would occur prior to any trial and would automatically be entered against the defendant. Your sister has to file an “appeal” letter within 10 business days after the date of DUI her arrest.
Filing an appeal would permit a postponement and would possibly prevent any license suspension from occurring. At the very least, a “stay” of any proposed license suspension would occur until your sister has had a chance to have a hearing with a Judge from the Office of State Administrative Hearings.
Tags: blood alcohol content, breath test, driver’s license, DUI, DUI lawyer
Reader’s Question:
My cousin has a DUI charge in Albany, Georgia and I wonder how long the prosecution has to file the charges. What would be the statute of limitations in DUI case and is there also a limit for the prosecution to bring the case to trial?
Jasper
Albany, GA
If your cousin’s DUI charge in Albany, Georgia is a first-time DUI offense, this is considered a misdemeanor case. After your cousin’s DUI arrest, the prosecution has two years in which to file charges with the Clerk of Court. If a DUI charge or other charges are not filed with the Clerk of Court in a timely manner, your cousin could not be prosecuted. If the prosecution was able to file the DUI charge or other charges in a timely manner, there would be no limit on the time the prosecution has to bring the case to trial unless your cousin file a speedy trial demand in a timely manner.
Once your cousin properly filed a speedy trial demand, the prosecution should try the DUI case by the end of the term of court following the term during which your cousin filed the demand. Always remember that other nuances to speedy trial demand could exist. If this is gonna be a concern, a good DUI lawyer should be able to advise your cousin on what to do about it.
Tags: DUI, DUI lawyer, DUI trial
Reader’s Question:
My brother was arrested for DUI in Augusta-Richmond County, Georgia and I think they are negotiating the charge. Is it possible for him to plead no contest on his DUI charge?
Serena
Augusta-Richmond County, GA
In a criminal trial, a no contest plea means that the person accused of the charge is not admitting or disputing the charge or charges against him. This serves as an alternative to a guilty or not guilty plea. For all criminal cases that arise on or after July 1, 1997, a no contest or nolo contendere plea is of little or no use. In terms of DUI cases made on or after July 1, 1997, the main benefit of a no contest plea would be to limit use of the plea in a civil suit (like if an accident had occurred). Moreover, after July 1, 1997, no one under the age of 21 can use the “nolo” plea and any person whose case was made before July 1, 1997 and whose blood alcohol level was 0.15 or more is ineligible to use a “nolo” plea.
It is still possible for your brother to plead no contest on his DUI charge in Augusta-Richmond County, Georgia but take note that most judges would not accept a “nolo” plea for any case in which the driver refused to take a blood alcohol test. Also, the judge doesn’t have to accept a nolo plea, but if the judge accepts it, the defendant would have stiff fines, perform community service and serve some jail time just as if entering a guilty plea.
Tags: blood alcohol test, DUI, DUI lawyer
Reader’s Question:
I have a friend here in Columbus, Georgia who is a foreigner and has been arrested for DUI. What would be the effects on his immigration status if he will be convicted? Will he be deported even though he is a green card holder?
June
Columbus, GA
DUI convictions have harsh effects on the immigration status of green card holders and legal aliens in the US. In some DUI cases, a conviction could even result to deportation. Even those who have been long-term permanent residents could be deported for DUI convictions. The US Citizenship and Immigration Services could determine if a DUI conviction is a crime involving moral turpitude and/or a crime of violence under current immigration laws. The result of your friend’s DUI in Columbus, Georgia could be deportation or inadmissibility to the US. A crime which involves moral turpitude is sufficient grounds for deportation or inadmissibility, a finding of bad moral character at a naturalization interview or denial of adjustment during the green card process.
In general, in order to involve moral turpitude, a crime should have an intent requirement. Georgia DUI laws define DUI as driving with a blood alcohol level at or above the legally permissible under law which is 0.08%. There would be no reference to intent, as a matter of fact, DUI would be a “general intent” crime. The simple fact of being drink would be enough.
Tags: blood alcohol content, drunk driving laws, DUI, DUI lawyer, immigrant DUI
Reader’s Question:
A friend of mine was caught drunk driving in Athens-Clarke County, Georgia and he was taken to the station. He said that they drew blood from him to measure his blood alcohol content. How is blood alcohol test being done and how does blood alcohol testing feel?
Matilda
Athens-Clarke County, GA
Since your friend already got arrested for DUI in Athens-Clarke County, Georgia, police needed to measure his blood alcohol content to see if he was legally drunk when he was driving. Blood sample is taken from a vein in the arm and an elastic band is wrapped around the upper arm which may feel tight. During the drawing of blood sample, you could feel nothing at all from the needle or you may feel a quick sting or pinch.
A health professional draws the blood and would wrap an elastic band around the upper arm to stop the flow of blood. This would make the veins below the band larger so it would be easier to put a needle into the vein. Then, he/she would clean the needle site with a non-alcohol solution such as antiseptic soap or povidone-iodine. After that, the needle would be put into the vein and more than one needle stick may be needed. A tube will be attached to the needle to fill it with blood and then the band will be removed from the arm when enough blood is collected. Then a gauze pad or cotton ball will be put over the needle site as the needle is removed. Pressure will be applied on the site and then bandage will also be placed.
Tags: blood alcohol test, DUI, DUI arrest, DUI lawyer
Reader’s Question:
I know that the first stage of my DUI case in Roswell, Georgia would be the license suspension hearing. How can I win this phase of my DUI case?
Edmond
Roswell, GA
It would be a big mistake if you would not contest the license suspension hearing on your DUI case in Roswell, Georgia so it’s a good thing that you find a way to win the first stage of your DUI case. You may have refused to take the chemical test or failed it that’s why you are facing this administrative hearing. You need to know that the license suspension hearing can still be won based on some technical defenses that your DUI lawyer can build.
There are several defenses that could be uses such as the sample was not taken within two hours, the results are under .12% and the retest is below .10%, you burped and the officer did not start the observation period over, you had something in your mouth, you were on an Adkins diet, you have diabetes, you have dentures, you work with solvents and an alcohol antiseptic was used when blood was drawn. If you don’t contest the license suspension hearing, they don’t get to question the police officer who arrested you and this may be the only time that the officer could be questioned soon after the arrest when his recollection of what happened is most accurate.
Tags: blood alcohol test, driver’s license, DUI, DUI lawyer
Reader’s Question:
I know that the legal limit for driving after consuming alcohol would be 0.08% blood alcohol content. Question is, if I will be caught drunk driving here in Augusta, Georgia, does 0.08% apply at the time I was tested or the time of driving?
Fred
Augusta, GA
If you will be caught drunk driving in Augusta, Georgia and was tested for blood alcohol content (BAC), you need to know that it would only be against the law to drive a car with a 0.08% or more BAC at the time of driving and not at the time of testing. You will not violate any law if you were above 0.08%, waited until you were below 0.08% and then drove. If you were actually driving below 0.08% and get stopped and was tested at or above 0.08%, you still did not violate the law. But depending on when you were tested, the BAC could be relevant in determining what your actual BAC of your body at the time of driving.
The time of the test is a very hotly disputed issue because it is very rare to have a chemical test that is conducted immediately after driving. What’s very common is to have a test conducted 30, 60, or even 90 minutes after driving. If no one knew how many drinks were consumed, the period of time they were consumed, the type of drink consumed, and if there was food in the stomach, it is scientifically impossible to determine if the person was over a 0.08%, or more importantly, whether the person was under a 0.08%.
Tags: drunk driving laws, DUI, DUI lawyer
Reader’s Question:
I once saw someone who was being arrested for DUI here in Atlanta, Georgia. He was asked to count backwards and it didn’t seem that he had been drinking. Other than being intoxicated, they say that there could be several other reasons that a driver can fail this test. Could you cite some examples as to how a driver can fail this test?
Damien
Atlanta, GA
A driver in Atlanta, Georgia who is under investigation for DUI is usually asked to take field sobriety tests such as counting numbers backward. The driver might think that the test would help the police officer decide to make an arrest but the truth is that the officer likely makes that decision long before the test begins. Being forced out of your car on a busy freeway or street is somewhat nerve-wracking and anyone can make a mistake. These field sobriety tests serve to create a probable cause for a DUI arrest and to gather evidence for use in a DUI court case.
Just like any other field sobriety tests, numbers backward test is a divided attention test which means that it is designed to distract the driver between two tasks. There are many reasons why an individual could perform poorly on this test which include nervousness or fatigue. The officer also sometimes doesn’t administer the test correctly or do a good job of explaining the instructions. The numbers backward test is also an extremely subjective test because the results could be interpreted in more than one way.
Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests
Reader’s Question:
I wanna know if police officers here in Savannah, Georgia also commit mistakes during a DWI arrest. What are some mistakes that police officers make that can be used as DWI defenses?
Calla
Savannah, GA
In a DWI arrest, police officers in Savannah, Georgia should have an articulable suspicion to stop a person suspected for DWI. A police officer could not stop a person just because he thinks that the person is suspicious. This means that the officer should have a probable cause to make the DWI stop. One other mistake that police officers make is to pull over a vehicle just because it stops in the middle of the street or it is driving too slowly. It would not be lawful for the officer to make a DWI stop unless there is a specific traffic violation.
Police officers are also not allowed to stop a vehicle based on a misperceived violation of a law. The police officers should be right about his interpretation of the law. Likewise, in stopping a vehicle at improper DWI roadblock is another mistake that police officers often make. There are certain guidelines that need to be followed to validate the stop at a DWI roadblock. Police officers also sometimes stop a vehicle just to check the driver’s license and registration. There must be an articulable suspicion of a crime or an actual traffic violation for them to stop a vehicle. All these and more mistakes are what police officers commit which could be used as defenses in a DWI case.
Tags: DWI, DWI arrest, DWI lawyer
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