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Posts Tagged ‘DUI attorney advice’

Hines Ward’s Recent DUI Sheds Light on Wrong and Right Ways to Deal with DUI

mr ga dui Pittsburgh Steelers wide receiver and Dancing with the Stars Champion Hines Ward was recently in the news after he was arrested in DeKalb County for allegedly driving under the influence. He was pulled over after swerving and hitting a curb. According to the police report, Ward smelled like alcohol and performed poorly on field sobriety tests including the portable breath test and balance tests. He was released from custody after posting bail, and is now dealing with the consequences of DUI allegations including potential suspension from his position in the NFL and media backlash against another athlete in trouble.

 

While Ward’s case is highlighted because he is a public figure, there are aspects of his case that can help others in the same situation. The first step in avoiding a DUI arrest is prevention. Make plans to have a designated driver or cab come pick you up after a night of drinking.

 

First, Ward should not have submitted to any of the roadside field tests. If you are stopped and suspected of DUI in the state of Georgia, you are not legally required to take any field sobriety tests. Therefore, you should never submit to any roadside field sobriety tests including the horizontal gaze, walk-and-turn, or one-leg-stand tests.  At a hearing or trial, the officer who initially pulled Ward over will be able to use these roadside field tests against Ward as proof of Ward’s inability to operate a car safely.

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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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City Council Votes No to Facebook DUI Public Shaming

    If the highly publicized DUI accusations of former Gwinnett County Commissioner Charles Banister or Tampa football star Mike Williams are any example, Driving Under the Influence (DUI) is a crime that is prevalent nation-wide.   The town of Huntington Beach, California is particularly familiar with this type of headline.   This coastal vacation destination of 200,000 people is ranked first, out of the entire state of California, for the number of alcohol-related traffic deaths among comparable cities.  In an effort to bequeath this title to someone else, Huntington Beach Councilman Devin Dwyer proposed a public shaming of repeat DUI offenders on the city’s Facebook page. 

    According to the Fox News report released last week, Dwyer’s fellow council members voted against the proposal for fear that the action would “alienate residents and impact the presumption of innocence for suspects.”  The Huntington council also stated that implementing the policy would mean certain damage to the city’s image.

In the state of Georgia, if this is not your first DUI or you’ve been convicted multiple times of driving under the influence of drugs or alcohol  (second DUI, third DUI, etc.), you can expect to see a report of your repeat arrest (and photo) published in the newspaper along with the following:

  • Paying a $600-$1,000 fine**In addition to money lost on account of diminished wages, legal fees, damages, etc.
  • Spending 72 hours in jail
  • Serving 30 days community service
  • Undergoing alcohol or drug treatment
  • Completing a mandatory Risk Reduction Program
  • Serving 12 months probation
  • Surrendering all license plates for cars registered in offender’s name

     As an Atlanta DUI and traffic attorney, I use my Facebook and Twitter page not to shame drivers, but provide them with news and advice to assist in minimizing the embarrassment and disruption created when arrested for a traffic-related offense.  To read more from my latest blog visit the MRGADUI website.

DUI is an “Opinion” Crime

Of all of the various crimes one can commit, DUI is the only opinion crime. What do I mean by opinion crime? Because a police officer must form an opinion that based on certain facts or observations, a person’s driving ability is impaired due to alcohol or drugs.

As we all know, opinions are like belly buttons…. everyone has one! A police officer can certainly form an opinion that someone is DUI, and then arrest that person, but that does NOT mean the officer’s opinion is a correct one.

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How does DUI affect commercial drivers license

If you have a commercial drivers license, you should NEVER drink then drive. Why not?  Because of the severe consequences a DUI conviction has on your ability to drive a commercial vehicle.

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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.