MR GA DUI Attorney
As part of the 4 simple rules to remember when stopped by the police to avoid DUI, remember not to submit to any voluntary roadside field sobriety evaluations—breathalyzers included. In fact, it is advised not to take any state tests if you are arrested, especially if you believe you might be over the legal limit of .08. Unfortunately, even if you do not believe you are over the limit, a breathalyzer may show a very different, incriminating result.
The problem with breathalyzers is the false reading sometimes caused by mouth alcohol. When a breathalyzer analyzes your breath for blood alcohol concentration (BAC), the internal computer believes it is reading from air exhaled from deep within the lungs, also known as alveolar air. However, if your last sip of alcohol was recent, the sample very well may come from your mouth or throat. Even if a very small amount remains, the breathalyzer will report a very high BAC.
Another reason the breathalyzer may report higher than accurate numbers is if the DUI suspect has recently belched or is affected by acid reflux, causing what could be alcohol-filled liquids and gases of the stomach to rise into the esophagus and mouth’s soft tissue, where it remains until it is dissipated by saliva. The action of saliva rinsing the mouth and tissues of alcohol takes roughly 15-20 minutes. An additional cause of inaccurate breathalyzer reading is the usage of mouthwash or breath freshener, which you may be better off not using if you are attempting to cover up the smell of alcohol after consumption. Also, if you have dental work or removable components such as dentures, you are subject to much longer periods of holding high mouth alcohol.
To elude the mouth alcohol problem, it is best to stop drinking—even at minimal levels—hours before driving. To avoid DUI, it is best to always have a designated driver on hand to exacerbate the risk altogether. If you need DUI help, please Contact MRGADUI today. Be sure to follow MrGaDUI on Facebook, Twitter and Google+ for more information on Georgia DUI laws.]]>
My client had been drinking when she found herself in a situation where she needed to leave for her safety. After she started driving, she realized that she might have had too much to drink to drive safely. After pulling into a subdivision and parking on a side street, she turned off the car, took the keys out of the ignition, moved over to the passenger side, and drifted off to sleep. Almost 2 hours later, a resident called the police, who came to the scene to investigate. After waking my client up, the officer arrested her for DUI.
One of the key elements in prosecuting a DUI is that the State must prove that you were in control of a moving vehicle and were impaired to drive. It is possible to be convicted of DUI, EVEN if the officer does not see you driving. You can be convicted by “circumstantial” evidence. For instance, if you are in a parked car with the engine running, you admit that you had parked the car recently, or if you are involved in an accident and admit that you were driving.
The key elements to not being found guilty of DUI–even though you tried to do the right thing by parking your car–are as follows:
In this particular case, I was able to find a compassionate prosecutor who agreed to dismiss the DUI charge. One would think that if a person was trying to do the right thing by getting off the road, the State would give you a break. However, this rarely happens in the DUI world. Therefore, you need to exercise your Constitutional rights and protect yourself as much as you can.
For more DUI arrest advice you can connect with me on Facebook, Twitter and Google+. Keep reading the MRGADUI blog for the latest traffic law news.]]>
The important thing to understand is that during any police stop, the officer, in asking you questions and asking you to perform certain “field sobriety evaluations,” is in reality attempting to gather evidence which he can use against you at trial. Therefore, even a seemingly harmless admission of drinking can be used against you.
In one of my DUI cases this month, my client ran through a stop sign obscured by a tree limb; she actually had only consumed one glass of wine. She never admitted drinking anything, never took the field tests, and refused to take a State chemical test. As a result, the DUI was dismissed.
In another case, my client was stopped for failure to wear a seat belt; he did admit to having a couple of beers at the Braves game. However, he did NOT do any field tests, nor did he take the State chemical tests. As a result, his DUI was also dismissed.
In another case I had a client stopped who admitted drinking a couple of beers. She agreed to submit to field tests; however, the video showed the field tests were administered incorrectly by the officer. My client, however, then agreed to take a State breath test at the jail and registered a .13 (above the legal limit of .08). Had she refused to take the State breath test, the DUI charges more than likely would have been reduced to reckless driving charges.
It seems to go against human nature to do “nothing.” Not only in DUI stops, but in most areas of our lives we feel the need to do something. My advice is to cultivate the habit of doing nothing. It just might help if you find yourself charged with a DUI.
For more DUI arrest advice you can connect with me on Facebook, Twitter and Google+. Keep reading the MRGADUI blog for the latest traffic law news.]]>
According to the Center for Disease Control and Prevention (CDC), alcohol is the most frequently abused substance among today’s youth with over 4,700 annual deaths related to underage drunk driving. In Georgia, those over 21 found driving with a blood alcohol concentration (BAC) of .08 percent is considered DUI and at a minimum can face fines, jail time, suspended license, community service and possible probation. For underage drinkers, the BAC is much lower with penalties that are different than for those over the legal drinking age. Anyone under the age of 21 driving with a registered BAC level of .02 percent can be cited for a DUI.
The penalties associated with an under 21 DUI depends on your BAC level. For those who register below .08 percent on the state’s breath test, a fine must be paid, your driver’s license is suspended for six months with no limited permit and you must complete a minimum of 20 hours of community service. If you register above .08 percent, a minimum jail sentence of 24 hours must be served, you will lose your license for a full year with no limited permit, must complete a 40 hour minimum of community service as well as pay a fine up to $1,000.
If you are suspected of DUI and are under the legal drinking age, it is important to remember the 4 simple rules for underage drivers: be polite, never admit to the number of drinks consumed, do not submit to field sobriety tests and refuse the required chemical test as one drink could put you over the legal limit. If you are arrested for under 21 DUI in Georgia, it is imperative that you hire an experienced DUI and traffic lawyer with a high success rate on contested cases to represent you.
With over 30 years of practice experience, attorney Mickey Roberts has success defending his DUI clients and is recognized by judges and peers as a leading DUI Defense lawyer in the State of Georgia. If you require legal representation for under 21 DUI or any other traffic offense, contact MRGADUI attorney today. Be sure to follow MrGaDUI on Facebook, Twitter and Google+ for more information on Georgia traffic laws.]]>
It is a common misconception that boating under the influence is dissimilar to driving under the influence. However, the hard facts tell otherwise. The number of BUIs has notably increased since last summer, when Jake and Griffin Pearce were tragically struck and killed on Lake Lanier by a boater under the influence of alcohol. With 8 million people coming to the Atlanta-area lake each year, safe and sober boating is essential to the security of both the passengers of your boat and boaters surrounding you.
When you or your intended driver has overindulged, your choices have traditionally beenlimited to waiting it out until you are sober and able to drive (which should be tested with a breathalyzer) or choosing a designated driver. Recently an Atlanta area company has expanded those options with SAFENAV. This company’s drivers travel through the lake in a small dinghy, which attaches to the customer in need of a safe boat and provides a ride back to shore. The company’s $125 for a boat pick up and drive back is justifiable when considering the protection they provide a would-be unsafe driver from getting a BUI, spending a fortune paying for fines and DUI School, increased insurance, or harming a fellow lake-goer.
If alcohol will be part of your Labor Day celebration make sure to plan ahead and consume responsibly. While boat-on-boat collisions remain rare at about five per year, dozens of people each year are injured or killed by reckless drivers. The last thing you want to do is be one of them, on either end.
To learn more about BUI lawyers, or if you are in need of legal representation for other traffic violations, please contact MRGADUI. You can also connect with attorney Mickey Roberts on Facebook, Twitter, and Google+ for the latest in DUI and BUI news.]]>
Multiply this by 100 times and you will get the level of trauma associated with a second DUI conviction. In Georgia, license suspensions are determined by how many DUI convictions one has received in a 5 year period. For minimum sentence purposes, Georgia looks at how many DUI convictions one has had in a 10 year period.
Here are 10 good reasons to avoid a 2nd DUI conviction, whether in a 5 year or a 10 year period:
So as you can see, if you are charged with a second DUI, it is imperative to hire an experienced DUI lawyer who knows the law and defends DUI cases. For over 33 years, Atlanta DUI attorney Mickey Roberts has been aggressively fighting DUI cases with a success rate of 98% on contested cases. If you find yourself facing a second or multiple DUIs, you owe it to yourself to at least talk with MrGaDUI. You can also connect with Mickey on Facebook, Twitter, and Google+.]]>
The source code is the software that operates the Intox. 5000 breath test, which measures an individual’s blood alcohol content. To get an order for an out-of-state witness, the proponent of the subpoena must show that the witness is a “material witness”. A material witness is defined as “a witness who can testify about matters having some logical connection with consequential facts”.
The Supreme Court holds that, in order to show that the out-of-state witness who was to provide testimony regarding the source code was a “material witness” in this case; Cronkite was required to show the witness’ testimony regarding the source code bore a logical connection to facts supporting the existence of an error in his breath test results.
In other words, the Court places the burden on the Defendant in a DUI case to show facts which would support the existence of a possible error in his specific breath test results.
How in the world a Defendant would ever be capable of doing that is beyond me, and apparently is beyond the folks down at the Ga. Supreme Court as well.
To learn more about DUIs, or if you are in need of legal representation for other traffic violations, please contact MRGADUI. Don’t forget to connect with attorney Mickey Roberts on Facebook, Twitter, and Google+ for the latest DUI news.]]>
“Earlier this year, in a widely viewed broadcast, a Seattle TV station, KIRO, had three volunteers smoke marijuana before driving. They started out well enough, and each were capable of driving safely even after they far exceeded the state’s 5 nanogram limit.” (NY Times, June 9, 2013)
In states that have not legalized recreational use, such as Georgia, the legal definition of someone under the influence of marijuana is someone who is rendered “incapable of driving safely.” There is currently no “per se” marijuana in Georgia. There is a DUI “per se” level which is .08 grams but in Georgia the State must prove that you are “rendered incapable of driving safely due to marijuana.” The State generally must show less safe driving, failure to perform balance tests, or physical manifestations of being “stoned.” Most officers lack the training to accurately articulate someone who may be impaired due to marijuana; therefore, it is important that you do NOT voluntarily give the State any evidence which would incriminate you.
The Simple Rules apply if you are stopped in Georgia and are suspected of being under the influence of marijuana:
Don’t admit to smoking.
Don’t do any field tests.
Don’t agree to a blood or urine test.
Make the State prove that you are under the influence to the extent you were “rendered incapable of driving safely.”
For the latest on DUI and traffic laws news, visit the MRGADUI blog. To inquire about legal representation for traffic offenses, contact Mickey Roberts today. Also be sure to connect with Mickey on Facebook, Twitter and Google+.]]>
With many travelers on the road this summer, especially during the holidays, the Georgia Governor’s Office of Highway Safety (GOHS) announced that the state-wide Operation Zero Tolerance campaign has once again been launched. Operation Zero Tolerance targets drivers suspected of driving under the influence of drugs and/or alcohol by increasing patrol and sobriety checkpoints now through July 7th. Stating that the Fourth of July is one of the most dangerous holidays on Georgia roads, GOHS cited 88 alcohol-related crashes during the July 3rd-5th period in the past two years and believes that the campaign will make drivers think twice about driving after they have consumed alcohol.
In Georgia, the legal limit for blood alcohol content (BAC) is .08 for adults and .02 for individuals under 21. As discussed in a previous blog, understanding more about blood alcohol content and how it affects each individual differently is important to keep in mind as age, gender, weight, metabolism, type and number of drinks consumed are all key factors in how a person may be influenced by alcohol. A standard drink is considered any drink that contains .06oz. or 14 grams of “pure” alcohol, which can be found in 12oz. of beer, 8oz. of malt liquor, 5oz. of wine or 1.5oz. (or single shot) of spirits or liquor. Even if you don’t think you are showing signs of impairment or feeling intoxicated after one or two standard drinks, your BAC could say differently. If you find yourself being suspected of DUI this Fourth of July, remember the 4 simple rules when stopped by a police officer.
If you are arrested for DUI or in need of legal representation for other traffic violations, please contact MRGADUI. Be sure to connect with attorney Mickey Roberts on Facebook, Twitter, and Google + for the latest DUI news.]]>
The Georgia law of boating under the influence says no person shall operate a vessel while under the influence of alcohol, drugs, or a combination thereof, when it is less safe to do so; while having a blood alcohol concentration of .08 or above within 3 hours of operating such vessel; if there is any amount of marijuana or a controlled substance in their blood or urine; or has prescription drugs in their blood and is rendered incapable of operating a vessel safely.
2. What is considered a “vessel” for BUI purposes?
“Vessel” means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels. The vessel does NOT need to be motorized.
3. Can my driver’s license be suspended if I am convicted of BUI?
No, only your “privilege to operate a vessel” can be suspended. Your privilege to operate can be suspended anywhere from 30 days to 5 years, depending on the number of BUI convictions you have.
4. What gives the Department of Natural Resources (DNR) the right to stop my boat?
Under current Georgia law, the DNR or any other law enforcement officer can stop your vessel for any reason, including verifying proper documentation and safety equipment on board. The police do NOT need articulable suspicion to stop you as they would need when stopping your car.
5. What are the penalties for a BUI conviction?
Besides loss of privilege to operate a vessel for a period of time, BUIs are misdemeanors punishable by a maximum of 12 months in jail and a $1000 fine.
BUIs are very similar to DUIs, with officers using field sobriety tests, portable breath tests, and intoximeter breath machines to prove your guilt. Therefore, it is important to hire an experienced BUI and traffic lawyer who will aggressively fight for your rights. If you require legal representation for BUI or any other traffic offense, contact MRGADUI today. Be sure to follow Mickey Roberts on Facebook, Twitter, and Google+ for more information on Georgia traffic laws.