Tag Archives: what do to if arrested for dui

State Representative Arrested for DUI in Atlanta

State representative John Andrew (Kip) Smith was arrested for DUI in Atlanta last Friday.  Officer Z.A. Kramer pulled over the lawmaker after he ran a red light at the intersection of Peachtree and Pharr Road in Buckhead. According to the AJC, the police record indicated that Smith admitted to having one beer 45 minutes before he was pulled over after the officer allegedly noticed the scent of alcohol and Kip’s watery eyes.

Rep. Smith initially refused the field sobriety test (walk-and-turn or one-leg-stand test) and breath test when the officer requested and instead asked to be taken to a hospital for a state chemical blood or breath test, but then consented when the officer told him that they only did that if he were arrested for DUI.  According to reports, Smith then blew a .091 (over the legal limit of .08) on the officer’s breathalyzer test and was placed under arrest for DUI.

Two additional officers then arrived on the scene where Smith completed two more breath tests rendering results of .099 and .100 respectively. Kip Smith has been charged with three offenses:  two DUI charges and one charge for failure to obey a traffic control device.

The intention of this post is not to exploit the wrongdoings of a public figure, but to reiterate the importance of knowing your Georgia driver rights.  Smith initially followed my suggestions of “what to do if stopped for DUI” by refusing the field sobriety test and requesting a state chemical test; however, he did himself a disservice by eventually consenting.

As you can read, the results of different breathalyzer test equipment can vary significantly depending on the age of the machinery and even the experience of the officer administering the test.  While the other details of this case will certainly surface as Smith goes to trial, the event serves as an ideal opportunity to reiterate what you should do if you’re pulled over for DUI regardless if this is your first DUI or third DUI in Georgia:

1.)  Take your DUI seriously

2.)  Hire an experienced DUI attorney

3.)  Don’t delay your DUI hearing

4.)  Don’t rely on advice of friends

5.)  Don’t base the hiring of an attorney on money alone

Of these tips, the most important is hiring an experienced DUI attorney to handle your case if you find yourself in this situation.  Visit my website to learn more about my experience as an Atlanta DUI, Georgia vehicular homicide, and commercial driving offense attorney.  You can also connect with me on Facebook and Twitter for more tips on defending your driver’s rights.    

Rates of Female DUI Increase throughout the Last Decade

A recent study published by The Century Council and the Traffic Injury Research Foundation shows that the number of females arrested for driving under the influence of alcohol has increased 36% over a decade. The report, which will be available in full later this month, states that while men are often seen as the primary offenders in drunk driving cases, the number of women involved has increased steadily since 1980 and was up 29% from 1997 to 2007. Researchers examining the phenomenon offer various explanations for this spike in female DUI statistics. One theory is that more women are drinking and then driving than in past years. Some researchers believe that the spike in women’s arrests is due to changes in the legal system including fewer male arrests and changes to the DUI law enforcement policy that bring more attention to women whose blood alcohol content levels are more affected by alcohol consumption. The study indicated,

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4 Simple Rules Explained: Rule 3

mrgaduiThe 3rd Simple rule is not so simple.  Should you take the State blood, breath, or urine test after you are arrested for DUI? The answer is: it depends. Under Georgia’s Implied Consent law, once you are arrested for DUI, you must submit to the officer’s request for a test of your blood, breath, urine,  or other bodily substance.  If you don’t, you face having your license suspended for a year with no work or school permit available.  After you submit to the officer’s test(s), you are then entitled to independent tests of your blood, breath, urine or other bodily substance.

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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.
what do to if arrested for dui