Category Archives: DUI Laws

4 Simple Rules Explained: Rule 1

mrgaduiIf you have my card or one of my koozies, you have heard about My 4 Simple Rules if Stopped by the Police. The four simple rules come with a disclaimer that tells you to go to my website for more specific information. The reason, of course, is that nothing is ever simple when it comes to dealing with police traffic stops. Here I’ll explain the reasons behind the rules. Rule 1: Never admit to drinking (or anything else). The first thought you should always have when encountering a police stop is, “The police officer is an agent of the government; he has the ability to cause my loss of freedom and loss of drivers license.” When a police officer stops you, they so because they believe you have violated a traffic offense. From the very start, their minds are focused on gathering evidence which they can use against you to convict you of whatever crime they believe you committed.  Your focus from the start should be NOT to provide the officer with evidence that you do NOT legally have to provide! What do you have to provide if stopped by the police?

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Staying out of Hot Water: the Consequence of Boating under the Influence

mr gaduiBoating is a favorite pastime for many Georgians.  While I’m not a regular lake goer, many of my family’s friends frequently visit Atlanta’s Lake Lanier and middle Georgia’s Lake Oconee (among others) during the warm summer days of June, July and August.  It’s easy to get into the “lake state of mind” when on the water:  enjoying a few drinks while hanging out with friends, not eating a whole lot because you’re out on the water, etc.  All of this can be the recipe for a great weekend or a recipe for disaster if you’re not armed with the knowledge of how to avoid Boating Under the Influence (BUI) charges. BUI, according to the Georgia Department of Natural Resources, is defined as “operating, navigating, steering, or driving any moving vessel while under the influence of alcohol to the extent that it is less safe for the person to operate, steer, etc. such a vehicle.”  Just as with a DUI (driving under the influence) charge, there are legal blood alcohol content (BAC) limits in Georgia

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5 good reasons to not get a 2nd DUI

I still like to think that a person who gets a DUI conviction, the first time, may have simply made a mistake. But as with all mistakes or failures, we need to learn from those mistakes so that we do not continue actions which have bad results, both for us and others.  As if you didn’t need any other evidence, here are 5 reasons you should not obtain a 2nd DUI conviction: 1. You lose your driver’s license for at least 12 months with no driving at all, not even a work permit! 2. After the first 12 months, you will  have to have an Interlock Device  installed in your car for 6 months, so that you can get a limited permit; 3. While the minimum jail time in Georgia is 72 hours, most Courts that I practice in are giving anywhere from 10 to 30 days in jail! 4. You will have to do a minimum of 30 days community service (that is 240 hours!) 5. Any tags on cars you own are taken, and you have your picture printed in the local newspaper. The lesson is this: Courts and prosecutors look back at the number of DUI arrests you have had.  The more DUI arrests or convictions, the harsher the penalties.

Driving Drunk Not Worth the Risk on Graduation Night

me georgia dui mickey robertsAt the age of 18, graduating from high school is usually the biggest accomplishment of a teens’ life up to that point, and prior to 18, getting a driver’s license is typically a teen’s biggest feat. Imagine you are graduating from high school. Completing thirteen years of school makes you feel carefree and eager to start the next phase of life, and your younger classmates follow your lead: taking advantage of every opportunity to party. Now, imagine graduation night: the ceremony concludes, you and your classmates proceed to the after party where there is alcohol.   There is so much to celebrate, and so much excitement about what the future holds.  The only problem with this picture is that you still have that teenage mindset that you’re invincible. When the end of the night comes, you become more concerned with meeting curfew than protecting yourself and others from the dangers of driving under the influence. You consider calling your parents for a ride home, but you’re too afraid to admit to them that you have been drinking. Your best friend is facing the same dilemma, but you both decide that you’ll be fine—you live just down the road. It’s the morning after graduation and the greatest party of your life. You pick up the phone to call you best friend to discuss last nights’ events. No answer.

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Senators Push for Ban and DUI Checkpoint Smartphone Apps

Smart phone applications are an incredible tool that allows us to simultaneously check our bank balance, read reviews about the restaurant next door, and make plenty of new Facebook friends.  One thing attorneys general for Delaware and Maryland, as well as four democratic senators, are hoping apps won’t let us do is find out where DUI checkpoints are located. Published by The Atlanta Journal Constitution on March 29th, the senators and Attorneys General announced their actions to implore smart phone giants Google and Apple Inc. to pull this type of application from their digital app store shelves.  Similar to the highly contested apps available to track speed traps and fight Georgia speeding tickets, the DUI apps are said to feature records of known DUI checkpoints and allow other users to report additional checkpoint locations. In the article, Delaware Attorney General Beau Biden was quoted explaining the reason for his actions against the DUI app developers, “We are urging Apple and Google to do the right thing and join us in keeping drunk drivers off our roads, not provide them with a road map to avoid checkpoints that are meant to protect our families.” The article concluded with an unconfirmed statement from the senators that RIM, the development company for Black Berry phones, that they would acquiesce to the requests and remove the products from the app selection.  While the debate still wages about whether or not these apps violate the phone companies’ content policies, the fact remains that you should know your driving rights.  If you’re stopped for DUI, get a speeding ticket, are caught texting while driving, you need to know what your legally bound to admit and/or do. Make sure to keep reading my blog and connect with me on Facebook and Twitter to stay up to date with the latest news on DUI law and traffic-related offenses.

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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.
DUI Laws (8)