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Category: DUI Laws

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.

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.

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.  

Can Your DUI Be Reduced to Reckless Driving? February’s Case of the Month

Don’t settle for DUI. In some cases, such as this month’s featured DUI case, a DUI can be reduced to reckless driving. My client was stopped in the city of Duluth, Georgia. She was coming home from work late at night, and the officer stopped her for speeding. In the video of the case, the officer said my client smelled like alcohol, her eyes were bloodshot, and her speech was slurred; he administered the Horizontal Gaze Nystagmus HGN and found the maximum number of clues. After her arrest, my client refused to take any State breath test.

zero tolerance georgia

Although her prior DUIs were several years ago, this arrest marked my client’s third lifetime DUI. The video revealed my client’s speech and walk were normal. She was argumentative with the officer, but I argued that was because she felt she was being wrongfully arrested. The officer’s evaluation of the HGN was absolutely inconsistent with her physical appearance, and I argued that therefore the HGN should be totally discounted.

Because of those arguments, as well as my long standing professional relationship with the Duluth Court, the charges were reduced to a lesser offense; my client was able to keep her license and walk out of Duluth Court, with no probation.

The fact is that in today’s DUI World, a lawyer’s experience, reputation, and relationships are important. When someone is looking to hire a DUI lawyer, the questions must be asked: How much experience do you have in DUI defense? Do you have good reputation in the legal community? What is your relationship with the police, prosecutors, and court?
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.  

A DUI Lasts Forever (Almost)

Valentine’s Day reminds me of roses, candy, and diamonds. There used to be a commercial that said, “Diamonds are forever.”

DUI in GAWell, just like a diamond, a DUI arrest and conviction can last forever in Georgia. There are two types of “records.” One is your driving record with Drivers Services. A DUI conviction (or guilty plea) stays on the driving history forever. While the ramifications for future license suspension, insurance problems and employment may not last past 10 years, these are still potential problems you must deal with should you decide to plead guilty or be found guilty of a DUI.

A DUI arrest is another matter. Under current Georgia law, which changed in July 2013, an arrest record (which is accessible to the public) can only be restricted under very specific conditions. Mainly, you MUST have all of the charges dismissed, either by agreement with the prosecutor or through a not guilty verdict.  If the DUI is amended, say to reckless driving, then the public still has access to the arrest (although the record should show that the DUI was amended to a lesser charge). If the DUI is dismissed, but you are found guilty on other charges such as speeding, failure to maintain lane, etc. then, again the arrest will still show on your public record.

Therefore, you must always take into account your driving and criminal records when trying to decide how to handle your DUI.  I have spent years and have hundreds of case experiences in attempting to resolve DUI cases with records restriction as one of our goals. If you are concerned about your driving record or criminal background checks, you MUST hire a DUI lawyer with some expertise in that area.

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.  

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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.