Category Archives: Blog

How Does a Sobriety Checkpoint Work?

Now that summer’s over, more holiday festivities are approaching which means more food, more fun, and a lot more alcohol. The best option when it comes to drinking is to designate a sober driver to make sure that everyone gets home safely. Because police know that this advice isn’t always followed around the holiday season, there are typically more DUI checkpoints along the roads. Sobriety checkpoints are temporary roadblocks set up late at night, early in the mornings, on weekends, or on holidays when police expect people will be drinking. At a sobriety checkpoint, police may stop every car or just a few based on a pre-determined pattern to determine if the driver is impaired. Usually police ask a stopped driver to perform field sobriety tests to ensure he or she hasn’t been drinking.  These tests may include the horizontal gaze, walk-and-turn, and one-leg stand tests; the same tests used if you were to be pulled over under the suspicion of DUI. If a driver fails the field sobriety test, he or she will be asked

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Case of Month: When the System Works

This month’s case is an example of how sometimes our criminal justice system can work.  My client, who takes prescription drugs for anxiety and depression, was arrested for DUI prescription drugs.  He was found by a passing motorist, slumped over at the wheel of his car on the side of the road. The engine was off. No one had witnessed him driving the car. When the police arrived on the scene and were able to wake him, he admitted that he was driving home, had an anxiety attack and took a prescription drug.  He decided to pull over when he began to feel the affects of the drug and call his family for help; he subsequently passed out. In Georgia, a person commits a DUI when

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About Blood Alcohol Concentration (BAC)

mr ga duiThe best way to avoid DUI is to understand the effects that alcohol has on your body and how much you can drink before becoming legally impaired. Blood alcohol content or concentration (BAC) is the measure of the amount of alcohol in the bloodstream. The legal limit for BAC in Georgia is .08 for adults and .02 for individuals under 21. There are many factors that affect an individual’s BAC including the following:
  • The strength of the alcohol one is consuming. According to the CDC, a standard drink equals the amount of alcohol found in one of the following: 12 oz of beer, 8 oz of malt liquor, 5 oz of wine, or 1.5 oz (or a shot) of distilled spirits or liquor.
  • The number of drinks you consume and the amount of time during which you consume them. If you have three drinks within one hour, your blood alcohol level will increase more than if you consume two drinks over the period of three hours.
  • Whether or not you’ve eaten. Drinking on an empty stomach means your body will absorb the alcohol more quickly than if you’d had a large meal before a drink.
  • If you’re a woman. Women’s bodies generally have more fat and less water than the male body and because fat cells do not absorb alcohol as well as other cells, more alcohol is left in the body when women drink.
  • How much you weigh. The more you weigh, the more water is present in your body to help dilute the alcohol in your system.
  • How old you are. Older people’s bodies do not process alcohol as easily as younger adults do.
Once you drink alcohol, it is absorbed

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4 Simple Rules Explained: Rule 2

mrgaduiRule 2 is: DON’T SUBMIT TO ANY ROADSIDE FIELD SOBRIETY TESTS Once the officer has asked you to step out of your car, he is going to then ask if you would mind doing some “field sobriety tests.” Sometimes the officer will phrase it this way: “Do you mind taking some roadside evaluations to make sure you are ok to drive?” My experience is that MOST people agree to take the roadside evaluations because they believe that by

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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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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.
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