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Athens GA DUI Law Blog

Will Georgia consider NTSB's recommendation to lower legal limit?

If you have been reading our Athens, Georgia, DUI defense law blog for a while now, then you may be well aware that the legal blood alcohol limit for drivers in Georgia and throughout the U.S. is 0.08. This means that if you are pulled over by a police officer and suspected of driving under the influence of alcohol, you may be asked to take field sobriety tests and a breath test.

When agreeing to take a breath test, drivers who are of the legal age to drink may be at risk of being arrested and charged with DUI if they blow a 0.08 or higher. Georgia, and every other state in the U.S., acknowledges that drivers may still be operating their vehicles in a responsible manner after having a small amount of alcohol as long as drivers are below the legal limit of 0.08. However, the National Transportation Safety Board claims that too many drivers who are below the legal limit of 0.08 are still impaired when operating their vehicles.

The NTSB recently suggested that all states consider lowering the legal limit to 0.05. The NTSB claims that lowering the legal limit will help to prevent crashes that are caused by drivers who are allegedly impaired.

Atlanta councilwoman refuses breath test, says she was not drunk

An Atlanta City councilwoman who was arrested last week for allegedly driving drunk has reported that she will not let the arrest affect her ability and desire "to work hard for the citizens." Cleta Winslow has held her council position since 1993. She told reporters after her arrest that she will not let the arrest get in her way of running for re-election.

A DUI arrest in Georgia may certainly result in legal consequences, but it can also have a negative impact on one's professional life. Already folks have speculated whether the long-time councilwoman will resign because of her recent run-in with the law; however, Winslow appears to be confident that she will not be convicted of drunk driving. She has consulted an attorney to protect her rights, and her attorney has denied any allegations that the councilwoman was impaired when she was arrested last week.

Georgia woman arrested for DUI, breath test result was zero

Even though a Georgia woman blew a zero when she was asked by police to take a breath test, police proceeded to arrest the woman. The woman, who is a teacher, was charged with DUI.

Police noted that although the woman was apparently not driving under the influence of alcohol, the woman may have been driving under the influence of some other substance. According to police, the woman had struck another vehicle and hit a median while she was driving. After getting into the accident, the woman failed to stop and continued driving.

23 percent of teens drive under influence of alcohol, drugs

The legal age to consume alcohol in Georgia is 21. However, many folks in Athens and throughout the country understand that many teens and young adults have consumed alcohol on one or several occasions by the time they turn 21. And because parents can't always control what their teens do, many parents do try to make sure their teens understand the importance of drinking responsibly in order to avoid causing harm to themselves or others if they do partake in underage drinking.

To the surprise of many parents, though, the results of a recent survey suggest that many teens are making dangerous decisions when they choose to consume alcohol.

According to the survey, about 1 in 4 teens admit to drinking and driving, or using drugs and driving. Driving while under the influence of alcohol or drugs is illegal and dangerous; however, the survey also revealed that nearly half of the teens who admitted to drinking and driving do not think that alcohol, marijuana or other drugs affect their ability to drive safely. Even though young drivers may not be drunk, they should understand that they may still be arrested for drunk driving and face serious criminal charges.

UGA student arrested for open container violation

A University of Georgia student was arrested over the weekend for carrying an open beer bottle while walking in public. The student had told the officer that she thought it was perfectly legal for her to walk around with an open container since she was over the age of 21. The woman was informed by the officer that it is illegal to walk around on public streets carrying open containers of alcohol in Athens. She was then arrested for the offense as well as for public drunkenness.

Now the student faces serious consequences for the arrest. She may face additional consequences if she is convicted. Unfortunately, its seems that the student is now facing these charges and the possibility of having an arrest on her record all because of a misunderstanding.

Georgia boaters: Don't get busted for drunk boating this summer

Earlier this year on our Athens, Georgia, DUI defense law blog, we had mentioned that lawmakers were pushing to lower the legal alcohol limit for boaters in Georgia. Before hitting the waters this summer and relaxing on your boat with a cold beer in your hand, you should know that the legal limit has indeed been changed.

Up until now, boaters could legally operate boats in Georgia while sipping a cold beer as long as boaters did not exceed the legal blood alcohol limit of 0.10. As many of our readers may already know, the legal alcohol limit for driving a vehicle is a bit lower. However, the limit will soon be the same for operating a boat as it is for driving. In Georgia, the legal blood alcohol limit for operating a boat will be changed to 0.08 as of next month.

Boaters who exceed the new limit this summer could face serious penalties similar to the consequences folks face for a first-time or subsequent drunk driving arrest.

Reese Witherspoon's husband arrested in Georgia for DUI

Last week, actress Reese Witherspoon and her husband James Toth were arrested in Georgia after a traffic stop. A Georgia State Patrol officer reported that he had stopped the couple in their vehicle after noticing that the driver of the vehicle had been weaving in and out of the correct traffic lane.

CNN reported that Witherspoon and her husband were arrested in Atlanta last Friday morning. Witherspoon's husband had been driving when police conducted the traffic stop. Toth was arrested after police suspected that he had been driving under the influence of alcohol. Although Witherspoon was not behind the wheel, she was arrested as well for disorderly conduct during the traffic stop. According to reports, Witherspoon has since apologized for the way she had acted during her husband's DUI arrest.

Georgia athlete charged with underage DUI

The consequences of a drunk driving violation can extend far beyond the criminal penalties. A conviction (or even an arrest) can disrupt a person's career and significantly impact their future.

The recent arrest of a Georgia college freshman illustrates just how serious the consequences of drunk driving can be. The 19-year-old student, a promising athlete, was dismissed from the University of Georgia's baseball team almost immediately after his coach became aware that he had gotten caught driving under the influence of alcohol.

Man arrested after posting drunk driving video

Most drivers in Georgia have heard about the dangers of driving while using a cellphone or other handheld device. Even more have heard of the dangers of drinking and driving. A recent DUI arrest is highlighting the risk of doing both at the same time - but maybe not in the way readers might think. A man in Hawaii was charged with drunk driving last month after he took a video of himself drinking what appeared to be alcohol while operating a vehicle. He then posted the video online. A number of viewers saw the video, and then passed it on to law enforcement officials.

Supreme Court limits blood tests after DUI arrests

After a drunk driving arrest, one of law enforcement's major concerns is securing evidence of the driver's blood alcohol content. In doing so, they must balance the need to collect evidence against the suspect's constitutional right to be free from unreasonable search and seizure.

The U.S. Supreme Court restricted police officer's ability to collect evidence this month, when it issued a ruling holding that police must obtain a valid search warrant before they attempt to collect a blood sample from a suspected drunk driver who has not given consent to the search.

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