Reader’s Question:

We are afraid and we honestly don’t know how the court process works. After a DUI arrest in Marietta, Georgia, can my sister be released from jail if she will post a bond?

Barry

Marietta, GA

After your sister’s DUI arrest in Marietta, Georgia, she can be released from jail in one of three ways. A pretrial release program being the first one. She can also be released through ROR or Release on own Recognizance. And of course, she can be released by posting bond.

Cash bond posting is probably the most common method whereby your sister could be released from custody pending the resolution of her DUI case. If she personally posts the full amount imposed by the court, the sum of money would be returned to her at the resolution of her DUI case provided that court costs and fines are not deducted from it. If she could not afford the full amount of a stated bond, she can either use the services of a recommended bondsman or petition the court via motion to have the imposed bond reduced to one that she could afford. The posting of a bond would allow your sister to travel with unbridled discretion unless a judge has imposed additional restrictions that accompany the posting of a bond.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

A friend of mine was charged with DUI in West Dougherty, Georgia and according to the police report, he was strongly slurring his speech that’s why he was arrested for drunk driving. Is having a slurred speech really an indicator of intoxication?

Alisa

West Dougherty, GA

The very sound answer to this is yes and no. Yes in the very limited sense that intoxication is indeed a common cause of having a slurred speech. It is more likely that if a person has been drinking heavily, it will affect his or her speaking fluency. Also, yes if it goes the other way that if a person is strongly slurring his or her speech and in the absence of a speech impediment or neurological disorder, that person has probably been drinking. So if your friend doesn’t have any speech defect or neurological disorder, he was probably intoxicated when he was caught drunk driving in West Dougherty, Georgia.

But this doesn’t mean that it’s possible to judge, with a high degree of reliability, that a person is above the legal limit simply based on listening to them talk. Remember that drinking and driving is actually not against the law. It would be against the law if the person is operating a vehicle with a certain blood alcohol content or while being significantly impaired. But let’s put the question in a different way. Can a person certainly distinguish between a person who is too drunk to drive versus someone who consumed alcohol but can nonetheless drive legally-all based on how they talk? After all, that is what police officers undoubtedly claim to do when they put “slurred speech” on the police report. To answer that question, it would be a decidedly “no.” It may be true that both non-experts and experts can usually tell a person who has been drinking heavily from someone who hasn’t, but they cannot consistently determine the relative amount of alcohol a person has consumed.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I live in Northeast Cobb, Georgia and I haven’t been actually caught drunk driving. I heard from people that there are some tests done on people arrested for DUI. Could you give me some insights on blood alcohol tests and what happens if a person refuses to do the test?

Zaida

Northeast Cobb, GA

Following a DUI arrest in Northeast Cobb, Georgia, the police officer must request the person to submit to and successfully complete any chemical test (blood, breath, urine or other bodily substance) that the officer designates to determine the blood alcohol content (BAC). If the person refuses to submit to the chemical test, or doesn’t successfully complete the test, his/her driver’s will be suspended for 12 months for a first-time offender. Any failure by the individual arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.

Sometimes the breath test machine is not working and the police officers being too poorly trained or too narrow-minded, tells you that it is your fault and that you are playing games with the breath test machine. Before the test, the person must be be informed that if the test shows a BAC of 0.08 percent or more when driving a personal vehicle or 0.04 percent or more when driving a commercial vehicle, the person’s license will be suspended for at least 90 consecutive days. Any individual who is unconscious, dead or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (usually a blood test).

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I heard so many odd things about DUI like a person can be charged with DUI even without driving. And just recently, somebody told me that a guy here from Macon, Georgia was charged with DUI driving a bike. If this was not a joke, would the alcohol laws be different for drunk biking?

Shad

Macon, GA

No, this is definitely not a joke because a person can really be charged with DUI while driving a bike. What you heard really happened in Macon, Georgia. The guy was charged with DUI after falling off his bike. This happened just recently and according to the Macon police, a man, 38 years of age, was charged after a police officer spotted him weaving as he rode a 5-speed boys’ bicycle on Jeffersonville Road.

According to the police report, the police officer apparently smelled alcohol on the man’s breath and clothes and noticed that his eyes were bloodshot. Also, according to the police, the man was charged with DUI after failing the field sobriety tests. According to jail records, the DUI suspect is being held at the Bibb County Law Enforcement Center on $1,200 bond. In Georgia, bicycle riders are subject to the same alcohol laws as regular drivers.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

A lot of curiosity arises to me regarding information about DUI because a colleague has just been recently charged here in Sandy Springs, Georgia. Blood alcohol tests showed she was over the legal limit. What is the most accurate way of determining blood alcohol content and how can a person reach a BAC of .08 percent?

Shae

Sandy Springs, GA

I’m sorry to hear about your colleague’s recent DUI arrest in Sandy Springs, Georgia. The most accurate way in determining blood alcohol content (BAC) is to take a blood test. But there are also some general rules of thumb that may estimate the BAC based on a person’s weight and the amount of alcohol that he/she has ingested. In general, an average 170-pound man should have more than four drinks in one hour on an empty stomach to reach a .08 percent BAC, while a 137-pound woman would reach .08 percent BAC after about three drinks in one hour on an empty stomach.

Be informed, though, that these figures are just rough estimates. BAC could also be influenced by a person’s metabolism, how much a person has eaten and other factors. Thus, a woman could have less than three drinks in one hour and register a higher BAC than the average woman. The same also goes for men, so best policy is to not drive if you’ve had even a few drinks.

Tags: DUI, DUI advice, DUI lawyer

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