Blog Blog Archives » MR GA DUI Attorney
Call Us 770-923-4948

Category: Blog

Are You a First Time DUI Offender? Here’s What You Should Do Next

Your first DUI arrest can be an anxious time. You have just endured being arrested, handcuffed and taken to jail—probably not the fun time you imagined upon heading out for the night. If you are wondering what typically happens in your case, let Georgia DUI attorney Mickey Roberts lead you to the path of successfully dealing with DUIs when it’s your first time.

arrested for dui First, it is important to hire an experienced DUI lawyer who has a reputation in the legal community as aggressively and successfully defending DUIs. It’s important to acquire a lawyer who also has long standing professional relationships with police officers, judges, and prosecutors.

When you were arrested for DUI, you should receive a citation for your DUI charges which will have your initial court date on it. You may also have received a “1205 form”, which is a 30 day permit to drive and is also notice that the State will try to suspend your license BEFORE your court date.

Once you have hired an experienced lawyer, a “10 day” letter will be sent to Driver’s Services immediately, which will keep your license valid past the first 30 day period. Additionally, an “open records request” to the State will be sent, requesting all of the evidence they have that relates to your case. Once the evidence is received, a report which outlines any possible defenses and the recommendations on how to proceed with your case will be sent. The initial goal of your lawyer is to look for any possible means to win your case, giving you enough information upon which you can make an informed decision on how to proceed.

At some point in time you’ll be given several options, which will include pleading guilty, pleading to a “lesser offense”, or fighting your case with either a bench or jury trial.  Mickey Roberts can help you make a decision by also providing you with information relative to license suspension, possible sentence and possible ramifications with changes to your driving record and license, insurance, employment loss.

Not only can hiring a qualified, knowledgeable DUI attorney be beneficial to winning your case, it can also make the process less confusing. If you are arrested for DUI or other serious traffic matters, contact MrGaDUI today. Also be sure to follow Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

March’s Case of the Month: How an Underage DUI Became a Simple MIP

This month’s case shows the value of having an experienced DUI attorney who has a reputation for aggressively defending cases.  In an Athens-Clarke County case, my UGA student client was in a Pre Trial Diversion for a previous Minor in Possession (MIP) of Alcohol charge when he was arrested by Athens police and charged with DUI.

case of the monthSo now, he had a DUI charge and the old MIP charge pending in Athens. Unsurprisingly, the police report had my client as being intoxicated, but after reviewing the video, I thought otherwise of the evidence.

The cop had stopped my client for a broken taillight, yet the cop was approaching my client, and it would have been extremely difficult for the cop to actually see a broken taillight. The video revealed my client’s physical appearance to be normal. My client denied drinking and refused a breath test after arrest. Any clues on the Field Sobriety Evaluations were minimal.

Nonetheless, because the client was under 21 at the time of the arrest, any evidence of him having consumed alcohol could have resulted in a guilty verdict. We employed the use of an expert in Field Evaluations who agreed with me that the evidence was slim and was known and respected by the prosecutor. Eventually, we negotiated a plea to 2 MIPs, allowing my client to continue driving and to not have a DUI conviction on his record.

One more thing: We structured the plea so that the MIP pleas would not result in a suspension of client’s license. (He could have had a 1 year suspension!)  It is important that a traffic lawyer knows how to structure pleas for the best possible outcome, and this means the lawyer must have a thorough knowledge of Georgia Traffic Laws.

If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

What Happens When You Are Arrested for DUI?

Whether you have been arrested for DUI (Driving under the Influence) for the first time or multiple times, you may be wondering how the DUI process works and exactly what you should be doing NOW.  Below, DUI attorney Mickey Roberts details step-by-step what happens when you’re stopped for suspicion of DUI.

  1. After suspicion or probable cause (for example, operating your vehicle in an unusual or illegal manner), an officer stops your vehicle and requests you to pull over before obtaining your driver’s license, vehicle registration, and insurance card.
  2. After providing the police with your license and insurance, tell the officer you are invoking your 4th Amendment rights. Also tell him/her that you are invoking your 5th Amendment rights as well.
  3. If the officer suspects you are under the influence of alcohol, you will be asked to submit to field sobriety tests such as horizontal gaze, walk-and-turn, and the one-leg stand evaluations.
  4. Following the field sobriety tests, if the officer suspects nothing, you will be released. However, if the officer has probable cause, you will be placed under DUI arrest and taken to the police station. You will be asked to submit chemical testing of breath, blood, or urine.
  5. … Do NOT refuse to take the State chemical tests UNLESS you have had enough alcohol to be above the .08 limit. If you refuse to take the test, your license could be suspended for one year.
  6. If you are under 21, or this is not your first DUI in five years, it is recommended that you refuse to take any state chemical test of blood, breath, or urine. Otherwise, request a blood test and independent breath test with another police department immediately after arrest, and then take the state test(s). Do not refuse to the take the State test outright or your license will be suspended for one year.
  7. Once in custody, invoke your right to an attorney—however, you are not guaranteed the right to call an attorney for advice on a roadside stop. Memorize and print your legal rights NOW to avoid problems at the scene.
  8. You are required to post bond and may be incarcerated until bond is posted.
  9. Your vehicle may be towed, impounded, or seized.
  10. Keep in mind: If you register over .08 on the state chemical test or refuse completion, you only have ten business days from the arrest to request a hearing from the department of Public Safety before your driver’s license will be inevitably suspended.


Stay tuned for a blog coming soon for more on what happens after your arrest. If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

New Practice Area: Criminal History Restriction

arrested for duiDo any of the following categories apply to you after being charged with a crime? You…

  • Were found not guilty
  • Had your case dismissed
  • Entered into a first offender type plea
  • Were under 21 at the time of the charge


If any of the classifications above pertain to your case, you’ll want to talk to Georgia DUI attorney Mickey Roberts about the new Georgia “Restriction” Law. The law was formerly known as expungment, a process whereby a person’s criminal arrest is deleted. In most States expungment is not available for a DUI arrest; however, involving an experienced attorney can make all of the difference in finding success from your case.

The new Georgia “Restriction” Law enables you to, under certain circumstances, go back and have your arrest restricted from public access or corrected if it is showing an incorrect disposition. You may also be able to get court and jail records sealed.

Recently, I have been able to get a 2002 DUI arrest record restricted from public access, diminishing the possibility of the past creeping into your present and getting in the way of your opportunities. Additionally, I had a record corrected, enabling my client to either obtain the record or have it restricted, allowing them to at least be able to show employers that the underlying DUI in the case was dismissed.

Don’t let your DUI obstruct your career path. Contact Mr. GA DUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

DUI Defined: What is a DUI in Georgia?

There are many types of DUIs (driving under the influence) in Georgia, but the most common type is that a person is “driving while under the influence of alcohol or drugs.”

Police Officer - Eye Coordination

What does it mean, legally, to be “under the influence?” Firstly, it means that you are less safe to drive than if you had not consumed alcohol or drugs. But, hey, that depends on the person’s tolerance, right? So, according to the Pattern Jury Charges that judges in Georgia read to jurors before deliberating, this is what “less safe” means:

A person is less safe to drive when that person is less efficient, less skillful, less coherent, less able, and less proficient to drive a car.

Take notice: there is nothing that describes “less safe” as having your eyes jerk (examined by the Hortizontal Gaze Nystagmus (HGN) test) or performing gymnastic floor exercises recognized as field sobriety tests.  There is no indication about bloodshot eyes, slurred speech, or the smell of alcohol. The definition also does not mention anything about alcohol or drug blood levels.  The definition has to do with whether a person’s fine motor skills have been affected so much that they cannot effectively drive a car.

So, the next time you are on a jury and are asked to decide if someone was the DUI-version of “less safe”, remember the context of driving ability. Is there evidence that the person was able, efficient, skilful or proficient while driving the car? Or is there simply collateral evidence that may or may not have anything to do with actual driving skill?

If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.  


Archives

Newsletter

Location

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.