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Archive for December, 2010

It’s common to hear commercials and prosecutors using the words, under the influence, to define DUI.  But what does “under the influence” really mean?  First, I’ll tell you what it doesn’t mean: slurred speech, unsteady walk, and failure to stand on one leg without using your arms for balance. 

The Legal meaning of under the influence is that a driver is “less proficient, less skillful, less coherent, less able,  and less efficient to drive a car.”   Most of us can readily tell when someone is under the influence, then, can’t we?  Most of us don’t need to see if a person can walk a straight line, stand on one leg, or have that person blow into a computer; we can tell and we know.  Next time  someone uses the phrase, “under the influence” ask them exactly what they mean by that term.  If they don’t say something along the lines of “a person is incapable of driving a car safely”, then you know that they don’t really know the meaning of “under the influence”.

Of all of the various crimes one can commit, DUI is the only opinion crime. What do I mean by opinion crime? Because a police officer must form an opinion that based on certain facts or observations, a person’s driving ability is impaired due to alcohol or drugs.

As we all know, opinions are like belly buttons…. everyone has one! A police officer can certainly form an opinion that someone is DUI, and then arrest that person, but that does NOT mean the officer’s opinion is a correct one.

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If you have a commercial drivers license, you should NEVER drink then drive. Why not?  Because of the severe consequences a DUI conviction has on your ability to drive a commercial vehicle.

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Disclaimer

The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.