Tag Archives: driving under the influence

Driving Habits That Could Lead to a DUI Arrest

Unless a police officer smells your breath as you drive by, he or she will have to rely on visual cues based on your driving behavior to determine whether you are driving under the influence of drugs or alcohol. Most people know that fast, reckless driving can indicate DUI, but you may not know that some seemingly innocent driving habits can lead to a traffic stop and potentially a DUI arrest. If you’ve been drinking at all – even if you’re not over the legal limit of .08 – these driving behaviors can give police officers probable cause to stop and even arrest you.
should you take test after dui arrest

Improper Acceleration & Braking
We’ve all been in the car with a stop-and-go driver whose jerky braking nearly causes whiplash. It can be irritating, but it can also get you pulled over on suspicion of DUI. Drivers who have been drinking mimic the behavior of such a driver; braking too late or too soon, accelerating sharply for no apparent reason, and failing to maintain a reasonably constant rate of speed are all signs of DUI.

Carelessness
It happens to everyone: the driver in front of you suddenly begins slowing down, almost stopping, and then abruptly makes a turn. “Nice blinker,” you mutter. Or maybe you’re on the interstate, where most drivers are doing north of 70 mph, and see someone change lanes without signaling. It’s obviously dangerous, but failing to signal can also signal to cops that you may be under the influence. The same is true for forgetting to turn on headlights when it’s dark, raining, or foggy or taking longer than normal to respond to traffic signals, such as a light change from red to green.

Poor Judgment
Did you know that tailgating can be an indicator of impaired driving? It’s tempting to “ride” someone who’s driving more slowly than you’d like, but following too closely can get you pulled over on suspicion of DUI. Other examples of poor judgment include rapid and frequent lane changes, especially in dangerously narrow spaces, and turning too sharply, broadly, quickly, or slowly.

Failing to Maintain Lane Position
It’s critical to stay in your lane while driving for both your safety and the safety of other drivers. Failure to do so could result in a traffic stop and subsequent DUI charge. Weaving, straddling a line (a common practice among sober drivers in rural areas with very little traffic and road lighting), swerving, and drifting on a curve are just a few examples.
If you find yourself arrested and charged with DUI – no matter whether or how much you’ve been drinking – get in touch with an attorney with extensive experience in handling Georgia DUI cases. As an attorney with over 33 years of experience handling both DUI and traffic-law cases, I urge you to contact me, Mickey Roberts, and to follow me on Facebook, Twitter, and Google+ for all the latest in DUI news and laws.

Remember the 4 Rules If You Are Pulled Over

mrgaduiWith the upcoming holidays, law enforcement will be out in full force, stopping people for suspected DUI.  Just recently, a local news anchor, Amanda Davis of Fox 5 News, was arrested after a wrong-way crash and charged with driving under the influence, reckless driving, and failure to maintain lane. what to do if pulled over by police for drinking and driving

When Davis was asked by the officer if she had been drinking, she said yes – not following rule number 1 of the 4 simple rules to remember when stopped by the police.  However, she did refuse a breathalyzer test and field sobriety test.   As you may have seen in previous blogs or on a MRGADUI koozie, I want to remind everyone of the 4 simple rules:

  1. Never admit to drinking or anything else. This does not mean deny drinking, it means do NOT admit or deny drinking or anything else. You do not have to provide any evidence that may incriminate you.
  2. Do not submit to any roadside field sobriety evaluations.  Roadside tests are voluntary and can include an eye test, walking a straight line, standing on one leg, ABCs, and/or a portable breath test.
  3. Do not take any state tests after your arrest if you believe you might be over the legal limit of .08 limit.
  4. If you are under 21 and receive a traffic ticket, call me! Since many traffic violations in addition to DUI can result in license suspension for underage drivers, it’s best to contact me to see whether your license is subject to suspension.


* 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.

Contact me if you need DUI help or have questions about another traffic offense.  Don’t forget to connect with me on Facebook, Twitter, and Google+ for the latest information about traffic issues and driver’s rights.

Designed to Fail? MR GA DUI Advises Against Submitting to Field Sobriety Tests

If you own a MR GA DUI koozie or read his blog, you’ve probably heard that he suggests not submitting to field sobriety tests when stopped by the police for driving under the influence. While experienced DUI attorney Mickey Roberts has been advising clients and Georgia drivers not to submit to field sobriety tests for years, an investigative reporter for Atlanta’s Channel 2 Action News, Richard Belcher, further solidified Robert’s advice in a recent news story. Belcher spoke with police officers, as well as Dr. Spurgeon Cole, a retired psychology professor from Clemson University, who has been studying field sobriety tests since the 1980s shortly after the tests were first instituted. Cole told the Channel 2 reporter that when these tests were designed, police incorrectly identified 47% of the drivers as intoxicated during trials. However,

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Drivers Who Use Marijuana Reportedly Twice as Likely to have Accidents

Mickey Roberts, MRGADUI attorneyWhen most people think of DUI, they think about driving under the influence of alcohol. However, driving under the influence of illegal drugs is also driving under the influence. Marijuana is the most commonly detected drug in drivers, but whether or not marijuana causes an increased number of accidents remains a question. A recent study from Columbia University found that drivers who use marijuana are more than twice as likely to be involved in car accidents as those who do not. Using a meta-analysis of nine epidemiologic studies, the researchers found that the risk of an accident increases in people with a concentration of marijuana-produced compounds found by chemical test. Furthermore, the risk of a crash also increases with self-reported marijuana-users. In fact, eight out of nine of the studies determined that the risk of an accident significantly increases among drivers who use marijuana. This research is likely to cause debates about driver’s rights and medical marijuana in states that allow it. In Georgia, however,

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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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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.
driving under the influence