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Category: DUI Laws

Governor Deal Signs Law to Lower the Legal Limit for Boating and Drinking in Georgia

Friday, 03 May, 2013 15:52
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There’s no denying we are getting closer to summer, and what better way to beat the heat than by escaping to the lake to enjoy a day on the boat with family and friends?  With an influx of people heading to the lake, it’s important to be aware of the big changes coming for blood alcohol content limit for BUI arrests.mr ga dui

We recently shared the news that Governor Nathan Deal and state legislators had proposed a new boater safety law SB 136, a bill that would lower the legal blood alcohol content  (BAC) for operating a boat from .10 to .08, which is the same BAC limit required for anyone driving a car that’s of legal drinking age.  The bill was officially signed last month and will go into effect on May 15.  Part of the legislature, the Jake and Griffin Prince BUI Law, was named in honor of two brothers tragically killed last summer at Lake Lanier in an accident involving an intoxicated boat driver.  With the new law comes harsher penalties for anyone caught operating a boat while intoxicated beyond the legal limit because it is just as dangerous to drive a boat under the influence as it is driving a car.

According to the Georgia Department of Natural Resources, there were 180 recorded boating under the influence (BUI) cases in Georgia last year.  Anyone who is arrested for BUI faces potential loss of privileges to drive a boat, misdemeanor charges, fines up to $1,000 and/or up to one year of jail time.  While enjoying alcohol while boating is not illegal, boating under the influence and endangering those around us is.  Drinking impairs your judgment and delays reaction time, putting yourself and others in danger.  The new law encourages extra safety on the water to avoid injuries and accidents because of poor decisions made from alcohol consumption.

Gwinnett traffic and DUI attorney Mickey Roberts represents clients with traffic, DUI and BUI offenses with over 30 years of practice experience.  To inquire about legal representation for BUI or other offenses, contact Mr. GaDUI today.  Also be sure to connect with him on Facebook, Twitter and Google+.

Georgia to Lower the Legal Limit for Boating and Drinking

Tuesday, 26 March, 2013 16:01
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As the warmer seasons arrive, popular spots like the lake and beach fill up with families, swimmers, and boaters. With recent stories of boating accidents occurring on the lake, Georgia state legislators have discussed the existing blood alcohol limits for boaters. Currently, Georgia’s blood alcohol content (BAC) limit for boat drivers is 0.10, up 0.02 from the standard in place for driving a motor vehicle under the influence. Governor Nathan Deal and other state legislators have been pushing to lower the limit to 0.08 to match the driving law stating, “If you are too drunk to drive an automobile, you are too drunk to drive a boat.” Of course .08 is just a legal limit imposed; no studies show that a person is “drunk” at that level.mr gadui

Gwinnett traffic and DUI attorney Mickey Roberts has represented clients for traffic and DUI offenses on the road and on the water. Even though 0.02 is not a drastic change, it should remind boaters to think again. Boat accidents are just as dangerous as car accidents, and Mickey encourages boaters to understand the laws of operating a boat on a lake or river in Georgia. While we are all familiar with the fines and penalties related to a DUI conviction, a BUI (boating under the influence) conviction has the same consequences whether you are operating a small boat or a yacht.

If you are suspected of boating while intoxicated, you will be pulled over by police that patrol Georgia’s lakes and rivers. The protocol remains the same as if you were suspected of driving a car under the influence with being asked to perform field sobriety tests and/or submit to a breathalyzer test. Consequences for a BUI conviction will still include fees and possible jail time, and the ability to operate a boat is suspended. As Mickey often reminds his clients, it is important to remember the 4 simple rules when stopped by police to avoid incriminating yourself and to understand your rights as a driver.

The state House of Representatives has passed Governor Deal’s proposal, however, it is still under review from the Senate. Be sure to stay up-to-date with our blog for more traffic law news. To inquire about legal representation for DUI or other traffic offenses, contact Mr. GaDUI today. Also, connect with him on Facebook, Twitter, and Google+.

Driving Under the Influence of Legal Drugs?

Saturday, 13 October, 2012 16:52
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Although DUI is most commonly associated with driving under the influence of alcohol, it can also include driving under the influence of illegal drugs. According to a recent study published in the British Journal of Clinical Pharmacology, legal prescription drugs designed to treat depression, anxiety, and insomnia may also increase driving risk.

The authors of the study compared two groups of people: one group of 5,183 people who had been involved in motor vehicle accidents and one group of 31,093 people of comparable age and gender who had no record of being involved in accidents. Researchers found that study participants who had been involved in the car accidents were also more likely to be taking psychotropic drugs. Although driving under the influence of these legally prescribed drugs will not be included in the drug schedule until further research is conducted, people taking these types of drugs need to know the risks in order to increase driving safety. Researchers suggest that doctors should warn their patients about taking such medications before driving.

You may be reading this thinking you have nothing to worry about besides the potential for a fender bender, but even though you will not be charged for taking certain non-abusive prescription drugs that may increase driving risk, you could encounter other traffic issues including vehicular homicide or other issues like license suspension.

As a traffic attorney who is dedicated to defending driver’s rights, Mickey Roberts has seen the impact traffic violations can have on a person’s life. Even if you are not driving drunk, certain things can increase your driving risk whether or not they are illegal. If you have been charged with DUI or another traffic offense, contact MrGaDUI today. For more information about traffic issues and driver’s rights, visit his website and connect with him on Facebook, Twitter, and Google+.

Chief Justices Important Too: What A New Supreme Court Term Means For You

Monday, 01 October, 2012 11:53
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The U.S. Supreme Court begins a new term on Monday, October 1st, 2012.  While most Americans are focused on the Presidential Election, we probably should pause and focus instead on some very important court cases the justices will hear this term.

Two cases involve the 4th Amendment prohibition against unreasonable search and seizure. In Florida v. Jardines, the issue is whether police violated the Constitution by using a drug dog to sniff for drugs outside a house where suspected marijuana was being grown. The Court must decide whether the sniff test was unreasonably intrusive because there was no hard evidence that illegal activity was occurring, or was it not a search because it occurred outside the house? (The Florida Court held that the search was illegal).

The 2nd case, Missouri v. McNeely, asks whether the police can forcibly draw someone’s blood, in a DUI stop, without first getting a search warrant from a judge. (The Missouri Court held that an officer should first get a search warrant, even though the State argued that by delaying the test, some possible evidence of blood alcohol level would be lost.)

You will recall that last term the Court came out with some major decisions, including the decision on health care. This term the Court will decide not only the above two cases, but may also issue decisions on affirmative action, same sex marriage, and the Voting Rights Act.

Chief Justice Roberts has said that the role of the US Supreme Court is similar to that of a referee. As we have seen recently with the NFL’s replacement refs, referees can have an important impact, whether we are talking about a football game, or about the type of country in which we live. It is important to at least keep an eye on the US Supremes and their decisions, even in a Presidential election year.

 

How Lawyer’s Knowledge and Relationships Can Win Your DUI Case

Monday, 02 July, 2012 16:50
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When you are looking to hire a DUI lawyer, which is more important? The price the lawyer charges, or the experience and reputation the lawyer brings to the table?

There is an ongoing debate in legal circles as to how lawyers should charge. On one side is the old-school hourly billing crowd, who believe lawyers should charge by the hour. On the other side, is a new group who believes a lawyer should charge based on his/her knowledge and experience.

With the experience I’ve gained during my years of practice, I do see the benefit in charging based on knowledge, which can be illustrated by a recent case. Throughout my 32 years of practice I have accumulated a vast amount of knowledge on matters involving not only the law, but also about certain courts, police departments, prosecutors, and judges. That knowledge and the relationships derived from practicing for 32 years is in many ways invaluable.

My client was charged with a DUI, and registered a .17 on the State breath test. At first glance most lawyers would assume that it would be impossible to win a DUI case like this one. After looking at the video, however, I found that there were some issues in the case involving not only probable cause for the arrest, but whether the test should be excluded from evidence because of the way the officer read the Implied Consent warning.

I first approached the officer and told him, in a nice way, of my concerns about the breath test; after hearing me out, he agreed, and he went to bat for my client in talking to the prosecutor about reducing the charges. Then I talked to the prosecutor, whom I have known for over 25 years and eventually he agreed with me and reduced the charges.

Without the relationships I have developed with the officer and prosecutor and the reputation I maintain, I would have struggled more to have the charges reduced. In my opinion, experience, knowledge, and relationships are invaluable when it comes to DUI defense.

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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.