Reader’s Question:

I have a conviction for drunk driving here in Northeast Cobb, Georgia and I understand that I am now classified as a high risk driver. Is there a way that my car insurance company can miss my DUI conviction?

Marcelino

Northeast Cobb, GA

Car insurance companies could check your motor vehicle or driving record only once every three years or if you are applying for a new policy. It would be possible that tickets, drunk driving convictions and accidents could never make their way to your official motor vehicle record. But if your car insurance provider discovers your DUI conviction and considers you as a high-risk driver, your car insurance premiums could sky rocket.

The premium rates would vary largely among car insurance companies and the rate hike would be the least of your problems because your car insurance policy may be cancelled or not be renewed, especially if you are in the preferred rate class. The best strategy to handle your car insurance problems after your drunk driving conviction in Northeast Cobb, Georgia is to shop around for great deals from different insurance companies when you are about to renew your car insurance policy. You can definitely get an online rate quote from this website for a notable car insurance, and I highly recommend that you do so.

Tags: car insurance, drunk driving insurance, DUI

Reader’s Question:

Is it possible for my insurance carrier in Marietta, Georgia to cover the total loss and damages in my automobile if I was convicted of DUI?

Fred

Marietta, GA

It is not a typical exclusion in a car insurance policy being convicted of a DUI. Yes, the insurance coverage should be afforded to the terms in your auto insurance policy. Auto insurance claims with regards to an accident that occured while you were driving under the influence (DUI) are normally covered by the car insurance coverage you had in place at the time of the incident.

Most states have alcohol exclusions, however this is normally regarding damages one sustains while drunk driving.

To be certain that your insurance carrier in Marietta, Georgia will accept your car insurance claim for the automobile that was damaged at the time you were cited for a driving under the influence charge, you should review over the terms and conditions of your auto insurance policy and discuss with your car insurance agent. Your insurance carrier should be able to tell you if there are any exclusions in your auto insurance policy that would permit your them to deny your car insurance claim.

Tags: auto insurance, DUI

Reader’s Question:

A friend of mine told me that he was asked to do some field sobriety tests, including the walk and turn test, when he was stopped for DUI suspicion here in Marietta, Georgia. How is this being done and how can a police officer tell that a person failed the walk and turn test?

Jack

Marietta, GA

According to the National Highway Traffic Safety Administration (NHTSA), the DUI suspect would be directed to take nine steps along a straight line, as if walking a tightrope. After taking the steps, the person must turn on one foot and return in the same manner in the opposite direction. Practitioners in Marietta, Georgia would generally see this test offered with only an imaginary line.

There are eight indicators of impairment in doing the walk and turn test: (1) the person could not keep balance while listening to the instructions, (2) the person begins the test before the instructions are finished, (3) the person stops while walking to regain balance, (4) the person does not touch heel-to-toe, (5) the person steps off the line, (6) the person uses arms for balance, (7) the person makes an improper turn, and (8) the person takes an incorrect number of steps. If the police officer would identify two or more indicators, the studied reliability percentage applies.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

Hi, I am only 13 years old, I live here in Augusta, Georgia and I don’t know how to drive yet, but I am so eager to learn. My dad explained to me that once I learned how to drive, I should never do it if I had something to drink. My question is, could you give me some examples of how an officer can detect a driver who is under the influence?

Laila

Augusta, GA

A drunk driver can be detected by a police officer if the driver was observed to have a problem in maintaining proper lane position. The task of maintaining proper lane position could be difficult for a driver who is under the influence. For example, you see a weaving vehicle in Augusta, Georgia in which it alternately moves toward one side of the lane and then the other. The pattern of lateral movement could be fairly regular, as one steering correction is closely followed by another. In some cases, the wheels even cross the lane lines before a correction is made. You may also observe a vehicle straddling a center or lane line in which it moves straight ahead with either the right or left tires on the wrong side of the lane line or markers.

Another example of how a police officer detects a drunk driver is if the vehicle is drifting. This happens when a vehicle is moving in a generally straight line, but at a slight angle to the lane. The motorist may correct his/her course as the vehicle approaches a lane line or other boundary, or fail to correct until after a boundary has been crossed. In some cases, the motorist fails to correct in time to avoid a collision.

Tags: DUI, DUI lawyer

Reader’s Question:

I think my father was unlawfully arrested for DUI here in Atlanta, Georgia and his lawyer is finding a way to prove that. What are the typical scenarios for the traffic stop, detention and arrest in a DUI case?

Elmer

Atlanta, GA

In a DUI traffic stop, the prosecution must prove that there was a good reason to stop your father when he was driving in Atlanta, Georgia. If they can’t prove just that, all evidence as a result of your father’s DUI stop, except the observations of his driving, would be rendered unusable in court.

Likewise, the prosecution also has to prove that there was a legal reasoning behind holding your father for the DUI investigation if there was a probable cause to pull him over because of DUI suspicion. Their failure to demonstrate with facts valid reasons for having him detained for questioning, beyond a short stop, then all evidence acquired after stopping him could be suppressed.

If there was probable cause to pull over your father and subject him to a field investigation, then the prosecution also has to prove that your father was intoxicated enough to justify an arrest. Without a legal proof, the results of any field investigation test could be suppressed. In addition, there should also an authority to arrest, involving the question if the offense was committed in the officer’s presence.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

Hi, I live in Macon, Georgia where you could hear a lot of weird stuff about DUI cases. Anyway, I’m interested in getting to know some things about the breath tests. What kind of machine is being used in the state of Georgia and could you give me an interesting fact about the machine?

Holden

Macon, GA

I, myself, also heard a lot of weird stuff about DUI cases in Macon, Georgia and they are too many to mention. To answer one of your questions, the state of Georgia uses the Intoxilyzer 5000 as the breath test machine. There are several intriguing and interesting things to know about this breath test machine. The Intoxilyzer 5000 assumes that the breath and blood have a direct ratio of 2100:1. The true ratio of human beings ranges from about 1000:1 to over 3000:1. The ratio of 2100:1 assumption would help some people but hurts others.

This means that if a DWI suspect would take the Intoxilyzer 5000, he/she is risking that the result could be inaccurately skewed up by as much as 50%. The Intoxilyzer 5000 also assumes that the breath temperature is 34 degrees Celsius or about 93 degrees Fahrenheit. If the breath temperature is higher than 34 degrees Celsius, the test result would be higher than the true level. In a DUI case, an experienced DUI lawyer could definitely challenge the results of the breath test and could prove its inaccuracy.

Tags: breath test, DUI, DUI lawyer

Reader’s Question:

I need to get SR22 auto insurance because of my DUI conviction in Athens, Georgia but I don’t know how to. Who would provide me SR22 auto insurance and how do I get one?

Bart

Athens, GA

The larger national auto insurance companies do not provide SR22 auto insurance so this could be one of the common problems you would encounter in getting SR22 auto insurance after your DUI conviction in Athens, Georgia. They have two main reasons why they don’t offer SR22 auto insurance. First is that they don’t want to assume the risk that ‘high risk’ policies involve and they also don’t want to deal with the extra paperwork and regulations required of insurance companies that handle SR22 auto insurance policies.

This means that you would have to seek smaller companies and insurance brokers who specialize in SR22 auto insurance if your current insurance company do not offer SR22 auto insurance. You could find out the best deals in Georgia SR22 auto insurance policies with the expert comparison shopping guaranteed to find you the lowest rate possible and that is available on the top part of the homepage of this website. So please don’t hesitate to get an online rate quote now for your SR22 auto insurance.

Tags: drunk driving insurance, DUI, DUI conviction, DUI lawyer, SR22 insurance

Reader’s Question:

My uncle was charged with DUI here in West Dougherty, Georgia and I heard my parents talking about a bail bond indemnitor. What is a bail bond indemnitor and what is its significance in my uncle’s case?

King

West Dougherty, GA

A bail bond indemnitor for your uncle’s case in West Dougherty, Georgia would be the co-signer for the bail bond. The indemnitor would be the one responsible for seeing that all premiums are paid for your uncle’s bail bond. Normally, the bail bond is good for one year and if the DUI case continues for more than a year, additional premiums would be due and collected for each year the DUI case goes on.

Bail bond premiums are not refundable because they are used for the bail agent’s expenses and the bail bond indemnitor would also be responsible for additional expenses incurred by the bail agent in the transaction of a bail bond which includes long distance calls, travel, etc. The bail bond indemnitor would no longer be liable for your uncle’s bond when he has completed all of his/her court appearances, and when all premiums have been paid. In case of forfeiture, the bail bond indemnitor is responsible until the full amount of the bail has been paid, plus any expenses incurred, or until the court exonerates the bond; the bond then becomes void.

Tags: bail bond, DUI, DUI lawyer, DUI trial

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