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 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

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:

I have been arrested for DUI in Albany, Georgia. How can I find a qualified DUI lawyer in GA?

Julius

Albany, GA

Getting the best lawyer for legal representation is very critical to fight for your DUI charge in Georgia . If you do not make a move now, you could lose your GA driver’s license. A good defense can help you avoid jail time, court costs, penalties, probations, fines, criminal record and license suspension.

There are many Georgia Criminal Defense Lawyers who could help you out in your DUI case. Best of all, getting proficient legal help with your DUI case can be easy and affordable. Most of them provide a free initial case evaluation and flexible payment options.

You can start protecting your legal rights by checking online for GA lawyers for free consultation on your DUI case.

READER QUESTION:

I have seen the phrase “AV rated Atlanta GA DUI lawyer” on a lot of advertisements. Can you tell me what that is?

Marjane

Sure I can, Marjane.

The fact that a lawyer is listed as an AV rated GA DUI lawyer doesn’t tell you a lot unless it tells you what kind of AV rating they got, but just for your information, the AV rating tells you what kind of quality of attorney this person is, or at least according to their colleagues on the Georgia Bar.

An AV rating comes from many things: it is hinged on the lawyer’s experience, it includes information about how well they defend the cases they choose, it also considers their knowledge and their participation in the law community.

An AV rated Atlanta GA DUI lawyer with a good rating is the best kind of lawyer, and often has higher prices as well–because, you know, they can. This means such a lawyer may be out of your reach, and in any case if that’s true then you don’t want to bother with a lawyer with an excellent rating unless you have a very difficult case with a lot hinging on it. You would be surprised to find out how many ways there are for you to pay.

–Fashun.

Reader’s Question:

Is it important to get the best lawyer in Georgia for DWI charge? Im thinking that this might be very expensive.

James

Thank you for asking James.

Basically it’s so important to hire the best DWI lawyer in Georgia because it’s possible to get acquitted from a possible conviction. DUI attorneys have the abilities to do this. Here are some of the reasons why you should get the best lawyer in Georgia:

1. DUI conviction will affect your life since you will have to pay a penalty, surrender your driver’s license, maybe perform some community service, or even go to jail.

2. There is a huge stigma attached to being caught for DUI because it’s quite humiliating when your friends, relatives, or people around you come to know that you are convicted for DUI.

3. Without the help of an online DUI lawyer, you might have problems in finding job.

4. DUI conviction may have an impact on your family issues too.

5. It might even affect your higher studies. Some universities take fitness and character review before enrolling for courses.

Goodluck!

MariCAR