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.
]]> Although the NTSB claims that more drunk driving accidents will be prevented in the U.S. if states lower the legal limit to 0.05, statistics show that only a small percent of crashes that occur in the U.S. each year involve drivers who have blood alcohol concentrations of 0.05 to 0.08.The managing director for the American Beverage Institute claims that in 2011, less than 1 percent of all fatal crashes that occurred in the U.S. involved drivers who had BACs of 0.05 to 0.08. The director said that lowering the legal limit to 0.05 would put some people at risk of being charged with DUI after only having one alcoholic beverage.
On the other hand, the NTSB claims that about 500 to 800 lives could be saved every year by lowering the legal limit. The NTSB also stated that it is recommending that states increase penalties for those who are convicted of DUI in order to help prevent fatal drunk driving accidents. Although the NTSB is making these recommendations, the NTSB does not have any authority to force states to make these changes.
Source: ABC News, "NTSB wants to toughen alcohol limits for drivers," David Kerlay and Matt Hosford, May 14, 2013
]]>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.
]]> According to reports, Winslow was arrested by Atlanta police on May 7. She was pulled over after police noticed that the councilwoman was driving on the wrong side of the road and had run a red light. Police suspected that Winslow was operating her vehicle while under the influence of alcohol. She was asked to take field sobriety tests and a breath test. However, the councilwoman chose to refuse the tests.Because Winslow refused to take a breath test, she could be at risk of having her driver's license suspended for an entire year. She may be able to keep her license on restricted terms, though, as long as she applies for an administrative hearing within 10 days of her arrest.
Winslow did admit to drinking two martinis prior to driving, but she claims that the two drinks were not enough to cause her to be impaired while she was behind the wheel.
Source: wsbtv.com, "Winslow: No plans to resign after DUI arrest," May 11, 2013
]]>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.
]]> After the accident was reported, an officer spotted the woman's vehicle and attempted to pull the woman over. The officer reported that the woman failed to pull over when the officer first activated his vehicle's lights. The woman continued driving, and while the officer was following her, she allegedly had failed to maintain her traffic lane.When the woman did pull over for the officer, she acknowledged that she had struck another vehicle. The officer suspected the woman of DUI, and he administered a breath test. The test result was zero.
Although the breath test revealed that the woman was not driving under the influence of alcohol, the woman was still arrested for DUI. Police reported that the woman had a difficult time following instructions when police asked her to take a field sobriety test. Police also reported that the woman had difficulty keeping her balance.
After the woman was arrested, she was taken to a local hospital to have her blood drawn. A blood test will reveal whether the woman had any drugs or medications in her system while she was behind the wheel.
The woman claims that she did not have any drugs, medications or alcohol in her system when she was driving. In order to make sure her rights remain protected, she may want to contact an attorney if she has not done so already. When defendants proceed with their DUI cases with an aggressive defense strategy, they may be able to avoid or reduce the social and legal consequences of an arrest.
Source: The Atlanta Journal-Constitution, "Cops: DUI preschool teacher crashes, keeps going," Alexis Stevens, May 7, 2013
]]>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.
]]> Students Against Destructive Decisions had conducted the survey. Although many folks may not be surprised to learn that many teens engage in underage drinking, some folks may be surprised by this survey after learning that nearly 25 percent of teens who are at least 16 admit to driving under the influence of alcohol or drugs.Teens may feel fine to drive after consuming a small amount of alcohol, but if they are pulled over by police and suspected of driving under the influence, teens could face serious criminal charges.
The legal limit for drivers who are 21 or older is 0.08 in Georgia. However, teens or other drivers who are under 21 may face underage DUI charges for a blood alcohol reading of 0.02. A conviction for underage drunk driving may result in severe consequences, including the suspension of one's driver's license for at least six months.
Underage DUI charges are serious, even when cases involve arrests of folks whose blood alcohol readings were lower than 0.08 at the time of an arrest. However, students and young adults may be able to minimize the negative effects of an arrest or conviction by consulting an aggressive defense attorney immediately after an arrest.
Source: NBC 11 News, "1 in 4 teens admits driving under the influence," May 2, 2013
]]>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.
]]> The woman, who is of the legal age to drink alcohol, was arrested during the Athens Terrapin Twilight Criterium while walking along East Washington Street, The Red & Black reported. The UGA student had allegedly ignored the officer when he first stopped her because she had assumed that the officer was trying to accuse her of underage drinking.After the woman ignored the officer's first attempt to stop her, the officer reported that he had attempted to explain that even though the student was over 21, it was still illegal for her to carry the open beer bottle in the area where she had been walking. The officer then began writing a citation. During this time, the officer claims that the student stood too close to him while he was writing the citation, and the student refused to back away from the officer when he asked her to move. The officer claims that he arrested the student because she appeared to be under the influence of alcohol and was starting a scene in front of others.
Although the student may have thought that she was not doing anything wrong when she was stopped by the officer, she should have discussed any misunderstandings with the officer in a respectful manner. However, it's very easy for folks to get upset when they are accused of breaking the law. The woman may be facing some harsh consequences for how she handled the encounter with the officer, but she may still be able to avoid or reduce some of these consequences by seeking guidance from an experienced and aggressive defense attorney.
Source: The Red & Black, "UGA students charged with DUI, open container violations," Kelly Whitmire, April 25, 2013
]]>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.
]]> Boaters have always been encouraged to drink responsibly while relaxing on their boats and to not operate their boats while under the influence of alcohol. But boaters do need to be aware that the limit has changed, and in order to avoid an arrest for boating while under the influence of alcohol, boaters should make sure they designate a sober person to operate watercraft. Boaters who are given a breath test when suspected of BUI will be arrested if the tests reveal that they are above the new legal limit.The new BUI law was signed by Governor Nathan Deal last week. The bill will go into effect beginning in May. The law was changed to prevent drunk boating crashes and to increase the safety of all of those who will be on the water this summer. In addition to this law, the governor also signed a law that makes it mandatory for all children who are 12 and under to wear life jackets when they are on the water.
Source: myfoxatlanta.com, "Georgia boaters face tougher alcohol limits," April 24, 2013
]]>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.
]]> Like many drivers who are worried or upset about being accused of drunk driving, Witherspoon reported that she was worried for her husband when the Georgia State Patrol officer had pulled him over last week. Witherspoon admitted that she had too much alcohol prior to the arrest, and as a result, she said some things she is not proud of.The arresting officer reported that Witherspoon had accused him of not being a real officer and that Witherspoon had tried to get out of the vehicle during the traffic stop after the officer had asked her to remain seated and quiet.
Witherspoon was arrested for disorderly conduct, but she will be able to avoid a conviction as long as she successfully completes a diversion program. Her husband may face consequences that are far more serious, though. After taking field sobriety tests and a breath test, Toth was arrested for DUI. The arresting officer said that Toth had failed to maintain his traffic lane, and while conducting the traffic stop, the officer noticed that Toth's eyes were bloodshot. Police said that the breath test revealed that Toth was above the legal limit of 0.08.
Source: CNN, "Reese Witherspoon arrested; husband booked on DUI," Alan Duke, April 22, 2013
]]>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.
]]> The incident occurred on the morning before the Bulldogs were supposed to play a double-header against Vanderbilt. The student was arrested and charged with a number of misdemeanors including DUI, driving without a license, driving the wrong way on a one-way street and underage possession of alcohol. He was jailed a little after 1:00 a.m. and was released on bail approximately 12 hours later.University of Georgia baseball coach David Perno dismissed the young man from the team almost immediately. He said the student's actions showed a serious disregard for the team. Even taking the arrest out of the equation, he said the student should not have been behaving so irresponsibly on the night before such a big game.
The coach used the incident as an opportunity to remind others that superior athletic ability is no free pass for bad behavior. He indicated that he had little tolerance for students who could not behave responsibly both on and off the field.
This young man's arrest should serve as a reminder to all college students in Georgia - if you're going to drink, don't get behind the wheel of a car.
Source: Atlanta Journal-Constitution, "Georgia freshman dismissed after DUI arrest," Chip Towers, April 21, 2013.
Our law firm represents individuals charged with underage DUI in Georgia. For more information, please visit our website.
]]>In another video the man posted online, he said that the substance he was drinking did not contain alcohol and was actually cream soda. Presumably law enforcement will investigate these claims to decide whether to move forward with charges.
While the video was perhaps meant as a joke, it is important to remember that law enforcement officers in Georgia do not see drinking and driving as a laughing matter. Police officers all throughout the state are on high alert for individuals suspected to be under the influence of alcohol or drugs.
Individuals who are charged with driving under the influence can face serious penalties including fines, jail time and suspension of driving privileges. They may also be required to install ignition interlock devices in their vehicles.
Source: CBS Atlanta, "Drinking And Driving Video Leads to Arrest," Robert Calloway, March 22, 2013
Our law firm represents individuals accused of drunk driving in Georgia. For more information, please visit our website.
]]>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.
]]> The case originated from an arrest in Missouri. A man was pulled over on suspicion of drunk driving and failed a roadside sobriety test. When police asked the man to take a breathalyzer test, he refused. The officer then transported the man to a local hospital, where a blood sample was taken against his will.In defense of the officer's actions, the state of Missouri argued that warrants should not be required because evidence of blood alcohol content dissipates so quickly. By the time a warrant is issued, it argued, a suspect's body may have metabolized enough alcohol to bring his or her blood alcohol content below the legal limit.
The Supreme Court was not swayed by this argument, however. In her majority opinion, Justice Sonya Sotomayor noted that cellphones and email make it very easy to obtain a warrant quickly. In emergency situations, police could move forward without a warrant and then attempt to justify their actions in court later.
Only Justice Thomas dissented. He said he believed that the natural dissipation of alcohol gave police the authority to conduct a search without a warrant.
Source: National Public Radio, "Supreme Court Backs Warrants for Blood Tests in DUI Cases," Nina Totenberg, April 17, 2013
Our law firm represents individuals suspected of drunk driving in Georgia. For more information, please visit our website.
]]>Yet the Georgia lawmaker will soon get a new perspective on the criminal justice system's approach to drug offenders. Simms was recently arrested under suspicion of driving under the influence. He reportedly came under suspicion when a local officer observed him driving erratically in Coffee County, Georgia.
]]> Notably, this is not the lawmaker's first brush with potential career devastation. In 2010, Sims was involved in a similar DUI allegation. However, effective plea bargaining -- perhaps with the assistance of a skilled DUI defense attorney -- resulted in a lesser charge of reckless driving.State law imposes severe penalties for impaired or drunk driving, perhaps in an effort to deter multiple DUI offenders. Regardless of whether the impairment was caused by drugs or alcohol, a criminal defendant arrested on DUI charges will need to mount an aggressive defense. In that regard, all aspects of the arrest might provide basis for a defense challenge. Although a traffic violation or erratic driving might satisfy the requirements for an initial stop, any further field sobriety or breath tests must be justified by probable cause.
Yet prosecutors might be open to negotiation for lesser charges, especially for first time DUI offenders. In addition, other factors might help mitigate a charge into a lesser punishment, such as an accidental additional dosage of prescription medication, or a physical condition that exaggerated the effects of alcohol or drugs on the day in question.
Source: Huffington Post, "Chuck Sims, Georgia Lawmaker Who Supported Welfare Drug Testing, Charged With DUI," Preston Maddock, April 10, 2013
]]>Folks may be charged with drunk driving when police suspect drivers of DUI after witnessing motorists exiting their vehicles or after witnessing folks near vehicles that are running. Folks may also be charged with DUI long after exiting their vehicles when concerned citizens report witnessing suspicious drivers. This recently happened to a 26-year-old woman in Florida. The woman was charged with DUI, but she claims she was never driving when a concerned citizen called police to report a suspected drunk driver.
]]> The woman claims that her arrest has been a complete misunderstanding. According to reports, police received a call from a gas station employee who claimed that a motorist was speeding in the parking lot of the gas station. The employee told police that the driver had three children in the vehicle with her.When police arrived at the gas station, the woman was asked to take field sobriety tests. Police then arrested the woman for drunk driving and possession of oxycodone. Although the gas station employee told police that the woman had been driving the vehicle when the vehicle was seen speeding through the gas station parking lot, the woman claims that her mother-in-law was actually driving the vehicle at the time.
The woman told police that she got into an argument with her mother-in-law while her mother-in-law was driving. After pulling into the gas station parking lot, the woman's mother-in-law got out of the vehicle and left the woman and her children in the vehicle in the parking lot. The woman also said that she had oxycodone with her because she was bringing her husband his prescription drugs. Reports have not stated whether the woman's mother-in-law has verified the story since the woman's arrest last week.
Source: The Huffington Post, "Kimberly Noelle Martin, DUI suspect, says she wasn't driving," April 8, 2013
]]>Although many motorists in Georgia are aware of what may happen if they are ever suspected of drunk driving after being pulled over by police, some folks do not realize that they may still face DUI charges when traffic stops are not conducted. For example, an Athens man was charged with drunk driving last week while he was hanging out at the Oconee County Sheriff's Office.
Before the man entered the lobby of the office, an officer noticed that the man was driving a vehicle and had parked the vehicle in the parking lot. While the man was in the lobby speaking with others, the odor of alcohol was detected on the man's breath, police reported.
]]> According to reports, the Athens man parked his vehicle in the parking lot of the police station and an officer who was inside the station had allegedly witnessed the man driving and parking the vehicle before entering the station. When the officer approached the man, he reported that he could smell alcohol coming from the man's breath.The officer then asked the man to take a breath test, and the man agreed to take the test. The officer reported that the man's blood alcohol level was .14. The man was then charged with DUI since the officer claimed that he saw the man driving his vehicle before entering the police station.
The officer said that he had informed the man that he could refuse the breath test before the man agreed to take the test. Reports did not state whether the officer had any other reason to suspect that the man had been driving while the influence of alcohol other than allegedly smelling alcohol on the man's breath.
Source: Athens Banner-Herald, "Athens man charged with DUI after entering sheriff's office," April 5, 2013
]]>Not all DUI charges result in convictions. This is because DUI charges are not always warranted, and sometimes there is not sufficient evidence to prove arresting officers conducted lawful stops and administered breath tests correctly. For example, an NFL player for the Tennessee Titans recently avoided a DUI conviction after his DUI case went to trial last month. A judge decided there was not enough evidence to support the drunk driving charge that had been filed against the NFL player.
]]> According to reports, Kenny Britt, a wide receiver for the Titans, was arrested on July 20, 2012. Britt was stopped by military police when driving through Fort Campbell. The player agreed to take a field sobriety test and was then asked to take a breath test. The player refused the breath test and was arrested. There was some evidence that was suppressed in the case, and after reviewing the case, a judge decided that there was not enough evidence to find Britt guilty of DUI.Driving drunk is dangerous and against the law, but law enforcement authorities also have a responsibility to make sure they conduct lawful traffic stops, arrests and criminal investigations.
Law enforcement authorities cannot conduct traffic stops in Athens if there is lack of reasonable suspicion to make a traffic stop. Law enforcement authorities may conduct DUI checkpoints, but officers must conduct DUI checkpoints without deviating from the law and their departments' policies. Law enforcement authorities are also prohibited from arresting individuals when there is a lack of probable cause.
Even when authorities follow the law when conducting traffic stops and making arrests, defense attorneys may challenge the way in which breath tests were administered during stops and after arrests. Breath tests are not always administered correctly, which may result in inaccurate results.
If you have been arrested for driving drunk, or know someone else who is facing DUI charges, you may want to consult an attorney immediately in order to learn more about DUI defense strategies and how these strategies may work in your favor.
Source: The Tennessean, "Tennessee Titans' Kenny Britt found not guilty in DUI trial," Jim Wyatt, March 19, 2013
]]>Although this change in the state's DUI laws was new this year, the law may soon be changing again. Last week, Georgia legislators passed a bill that will require repeat DUI offenders to use ignition interlock devices in their vehicles for at least 12 months after a 120-day driver's license suspension if they want to get some of their driving privileges back. Legislators also approved a bill that would require those convicted of a first-offense DUI to have ignition interlock devices installed in their vehicles.
]]> Lawmakers and groups like Mothers Against Drunk Driving have argued that the use of interlock devices for anyone who has been convicted of DUI may help to significantly reduce the number of drunk drivers on our roads. But when passing laws that increase penalties for DUI offenders, many factors must be taken into consideration.For example, the use of ignition interlock devices may be very costly. When the devices are only mandated for a certain period of time, first-time offenders who have already recognized their mistakes and paid for their mistakes may be forced to pay additional expenses and penalties that may not be necessary. When folks are required to install an ignition interlock device in their vehicles, they may need to pay an installation fee, a daily fee for using the device and a fee for having the device removed.
A DUI conviction may result in a variety of legal and social problems for folks in Georgia. In order to avoid a conviction when possible, many folks choose to consult an attorney who will know how to defend their cases in an aggressive and strategic manner.
Source: The Red & Black, "Legislation passes to reduce repeat DUI offenses," Emily Schoone, March 31, 2013
]]>