On Tuesday, an Athens man was pulled over by police after officers reported that the driver had made an erratic turn. The 25-year-old was arrested for DUI after he took a hand-held breath test that revealed that the man's blood-alcohol level was well above the legal limit of 0.08 in Georgia. However, when the man was arrested and taken to the police station, officers reported that the man attempted to pretend to take several other breath tests in order to avoid DUI charges.
]]> According to Athens-Clarke police, the man was pulled over shortly before 5 a.m. on Tuesday. The driver told police that his hand had slipped on the steering wheel, which caused him to lose control of the car when making a turn. However, police asked the man to take a breath test which revealed that the man's blood-alcohol level was .170.The driver was arrested and taken to the police station. There, police said that the man pretended to take several other breath tests when they noticed that the man had something in his mouth. The man allegedly had a penny in his mouth when taking the breath tests because he thought that the penny would prevent the device from giving accurate readings of his blood-alcohol level.
To other motorists in Athens, don't rely on your lucky penny to get you out of a DUI charge because it's not going to work. The most obvious way to avoid a DUI charge is to arrange for a sober driver if you have been drinking. However, if you misjudge your ability to drive and end up being arrested for drunk driving, you may want to consider the benefits of hiring an attorney who will know how to aggressively defend your case in order to minimize your consequences as best as possible.
Source: Athens Banner-Herald, "Penny doesn't fool DUI machine," Feb. 1, 2012
]]>Although law enforcement is not required to report to UGA officials if an employee has been arrested, the policy for the University System of Georgia states that employees must inform the school on their own if they are ever arrested. However, a research professional with UGA's Department of Biochemistry and Molecular Biology allegedly never disclosed information about his DUI arrest in November to the university because he claims he was never aware of the policy.
Because the employee did not disclose his arrest, some are now wondering what actions UGA can take if employees do not report an arrest for drunk driving or other offenses to university officials.
]]> According to the Red and Black, UGA employees are required to inform Legal Affairs if they have been arrested so that the university can take certain actions depending on the circumstances of one's arrest. If the university deems that the arrest could impact one's ability to do his or her job or affect the safety of others, the university may consider terminating the employee or placing the employee on leave until one's criminal case is resolved.If an employee doesn't report an arrest, the school might never know about it. However, if the employee applies for a promotion or is hired in a "position of trust," the school will most likely run a background check on the employee which would reveal any prior arrests or convictions. In this situation, an employee could be turned down a promotion or fired for failing to disclose an arrest to UGA officials.
Source: The Red and Black, "Univ. expects employees to self-report arrests," Adina Solomon, Jan. 26, 2012
]]>Driving under the influence of alcohol or drugs is certainly dangerous, but are the legal and social consequences for the offense always just or fair? According to one Georgia lawmaker, the punishment for DUI convictions should remain severe, but some individuals should also be given a second chance.
]]> The lawmaker is proposing a new bill that would allow DUI offenders to have their convictions erased from their criminal records if they keep a clean record for five consecutive years. The idea behind the proposed law is not to lessen the penalties for committing the criminal offense, but instead to give those who truly made a poor decision a second chance to improve their lives. DUI convictions can prevent individuals from getting accepted into law school or from being hired for a job.Although the executive director for the Governor's Office of Highway Safety believes that this law would interfere with federal requirements regarding commercial truck drivers who are convicted of drunk driving, the Georgia lawmaker said that he would be willing to make changes to the bill in order to incorporate federal requirements.
The executive director of the Georgia Chapter of Mothers Against Drunk Driving said that she currently opposes the bill because it does not clarify whether or not first-time offenders, repeat offenders or those convicted of vehicular homicide while driving under the influence will all have the same opportunity to have their convictions cleared if they keep their records clean for the recommended five-year period.
The proposed bill will be reviewed by a committee in the coming weeks.
Source: WXIA-TV, "Erase DUI convictions after five years, says state legislator," John Shirek, Jan. 27, 2012
]]>When a student, or any other Georgia resident, is charged and convicted multiple times for an alcohol-related offense such as drunk driving, the individual will face severe legal and social consequences. For this reason, defending one's criminal charges is extremely important in order to prevent individuals from facing repeat DUI charges or other offenses if at all possible.
To illustrate just how serious DUI charges are in Georgia and throughout the entire U.S., especially repeat offenses, one man's bail was set at $100,000 earlier this week after police charged him with his third DUI within a five-day period.
]]> The man was arrested twice last week and again on Sunday for drunk driving in California. Although the man will face different penalties if he is convicted compared to the penalties Georgia motorists face, his high bail amount is a strong indicator that California does not take repeat drunk driving charges lightly either.In Georgia, two DUI convictions within a five-year period will trigger repeat offender penalties. These penalties may include mandatory jail time, drug and alcohol dependency evaluations and treatment and the suspension of one's driver's license. A third arrest for drunk driving within a five-year period in Georgia could result in felony charges. A third DUI conviction within five years could also result in a 120-day minimum jail sentence.
These penalties for repeat DUI offenses are very severe, which is why Athens residents need to understand that aggressively protecting one's rights in any case of alleged drunk driving is extremely important.
Source: San Diego 10 News, "Imperial Beach Man Has 3rd DUI Arrest In 5 Days," Jan. 22, 2012
]]>University of Georgia students may be fully aware of state laws regarding drinking and driving. If an individual is pulled over by Georgia police and has a blood alcohol reading of 0.08 or higher, the driver will be charged with DUI. Because of the dangers of drunk driving and the legal consequences one may face after being arrested for DUI, many students take precautions to arrange for sober drivers or to walk home if they have been drinking at the bars or at parties.
However, Georgia college students may not always consider that they can also face criminal charges for public drunkenness, and they can certainly face legal penalties and other consequences at school if they are caught consuming alcohol under the legal age of 21. At the University of Georgia in particular, students could face academic probation or suspension for such charges.
]]> Fortunately, college students in Georgia may be given a second chance at their institutions if a charge for underage possession of alcohol or public drunkenness is not a repeat offense. However, they may not be given a second chance with the law. Students who face minor or serious charges for alcohol-related offenses may still benefit from seeking legal guidance from an attorney in order to best protect their future opportunities.Source: The Red and Black, "University female arrested for urinating in parking deck," Megan Ernst, Jan. 23, 2012
]]>So how can University of Georgia students and other Athens residents who are confident that they are fully capable of driving tell if their blood alcohol concentration is at or above the legal limit of 0.08 before driving in order to avoid a DUI arrest?
The most obvious answer is to not drive at all after one has been drinking. Individuals who know that they will be getting at least one beer at the bar may want to arrange to take a cab home or to call a sober driver. But if Athens residents are adamant about driving after drinking, they can download a phone app that could help them to understand just how much of an effect even a small amount of alcohol could have on their bodies.
]]> The iPhone app recently became available in November and currently costs 99 cents to download. It is called BreathalEyes and measures a user's eye movements, much like a method used during field sobriety tests, in order to determine if the user is legally intoxicated or not.Individuals use their iPhone's camera to scan their eye movements. The app then lets the user know if any involuntary eye jerking was detected during the scan which could indicate that the user is drunk. It also estimates the user's blood-alcohol content.
The makers of the app warn users that although the app is backed by science, there is some margin for error in readings. However, the app may certainly help individuals to make better decisions before getting in the driver's seat after drinking.
Source: Insurance Journal, "Drunk Driver Test? There's an App for That," Jan. 4, 2012
]]>The arrest occurred on Jan. 13. The 29-year-old man had just left a local restaurant when an Atlanta police officer reported that the man drove through the intersection of Peachtree Road and Pharr Road as the traffic light turned red. When the officer stopped the man in his vehicle and informed the lawmaker about why he had been pulled over, the officer reported that he could smell alcohol on the man's breath.
]]> The officer then asked the man if he had been drinking, but the driver said he had not consumed any alcohol. Because the driver's eyes appeared to be watery, the officer asked the man again if he had consumed any alcohol and the man admitted to drinking one beer about 45 minutes prior to driving.According to the arrest report, the officer then asked the man to step out of his vehicle so that he could take a breath test. The lawmaker first requested to be taken to a hospital or clinic where he could submit a blood test instead, but the officer informed that man that in order to do that, he would need to be placed under arrest. Refusing a breath test in Georgia will result in an arrest.
The lawmaker then agreed to take the breath test which resulted in a blood alcohol concentration reading of 0.091. The legal limit in Georgia is 0.08. After the breath test, the man was then asked by the officer to take a couple of field sobriety tests which he also allegedly failed. He was then placed under arrest and charged with DUI.
After he was arrested, the man allegedly told police that he had a beer just 15 minutes before driving and that he did not make a responsible decision when he got behind the wheel of his vehicle. The office of House Speaker David Ralston reported that the Speaker will not comment on the situation or make any decisions regarding the lawmaker's standing with the office until all of the facts of the man's arrest are gathered in the case.
Source: The Atlanta Journal-Constitution, "State Rep. Kip Smith charged with DUI in Buckhead," Christopher Seward, Jan. 13, 2012
]]>According to reports, police are investigating a possible fake ID ring in the area after University of Georgia police were alerted over the summer about fake licenses that were being sold to students. The investigation began in August and so far one person has been arrested. Four students from UGA and Gainesville State College are also under investigation for allegedly making and distributing fake licenses to hundreds of students.
]]> A UGA student was arrested on Sept. 22 and was charged with possessing and distributing fraudulent documents after a housing resident assistant told campus police about the alleged illegal activity.Campus police investigated the complaint and the UGA student admitted to distributing at least 30 fake IDs for a GSC student who was in charge of making the fraudulent IDs. Police arrested the woman in order to prevent her from discussing the information with others. Police then investigated the other student and searched his home. According to police, laptops, printers, iPhones, and magnetic strip ID cards were confiscated at the student's residence. Police also believe that the GSC student's roommate is involved in the alleged fake ID ring as well.
Police believe that the investigation will be complete sometime during the spring semester. They said that they believe that they will be making several arrests that could involve individuals from other institutions and geographic locations. UGA police gave students the option to turn in their fake IDs during the fall semester in order to avoid criminal charges. It is estimated that as many as 300 IDs were turned in at that time.
Source: The Red and Black, "University police uncover fake id network," Wil Petty, Jan. 8, 2012
]]>A senior at the University of Georgia may certainly be questioning her decision to drive Friday morning after she allegedly had one too many drinks and was arrested by University police for DUI. She and other students who have been in her position may understand that they should not have been operating a vehicle after drinking, but it is important that these individuals also understand that they need to protect their rights in order to preserve their reputations as they head into the workforce and begin to start their careers as young professionals.
]]> According to University of Georgia police, the 21-year-old woman was pulled over shortly before 2 a.m. on Jan. 6 after police reported that the woman's tail lights were not on. While an officer was speaking with the student during the traffic stop, he noticed that her breath smelled of alcohol.The student told the officer that she only had one drink several hours before driving. However, the officer also noted that the woman's eyes were glassy, so he asked her to take a field sobriety test.
The woman failed the test and was taken to Clarke County Jail. She took a breathalyzer test which revealed that her blood alcohol level was .132. The legal limit in Georgia is 0.08. She was charged with first-offense DUI.
Source: The Red and Black, "Student arrested for DUI, bac of .132g," Sarah Giarratana, Jan. 6, 2012
]]>An individual who has been charged for the first time with drunk driving with no criminal record may be able to convince a judge to reduce one's penalties by explaining that he or she made a horrible mistake that will never happen again. After all, we are only human.
However, a recent study that analyzes the effects of alcohol suggests that even though some individuals may be fully aware that they are drunk, they may still choose to do things that they shouldn't, despite knowing the harm it could cause to others.
]]> The study was conducted by psychologists at the University of Missouri-Columbia. Based on the results of the study, researchers are suggesting that although individuals claim that alcohol can cause them to lose control over what they say and do, they may actually have more control over their actions than what they let on. The study claims that drunk people oftentimes know that they are making mistakes, but they don't care what happens when they do make mistakes.The researchers utilized test subjects who were both non-students and students, with ages ranging from 21 to 35. Sixty-seven subjects were divided into three groups, one third of whom were given placebo drinks without knowledge of whether or not they were consuming alcohol, while one third were given known non-alcoholic drinks. The final group received alcoholic drinks sufficient to bring their blood alcohol levels to just under the legal limit of 0.08.
The researchers then conducted computerized tests on the subjects', analyzing brain activity, changes in mood and the subjects' abilities to accurately complete the computerized tests.
Those drinking non-alcoholic beverages would try to correct their errors during the tests, but researchers said that those who consumed alcohol tended to ignore their errors or simply move past them. Those consuming alcohol also tended to repeat the same mistakes rather than learning from experience, researchers noted. Interviews with test subjects also confirmed a difference in attitudes between participates in the different groups, suggesting that those who drank alcohol did not care when they made mistakes during the test.
Although the study indicates that people know that they are making reckless decisions when they are drunk, the study only examined the thought patterns and behaviors of those who were taking a computerized test. In real-life situations, people may make honest mistakes without realizing that they could be breaking the law or putting others in danger.
Source: Post-Dispatch, "Drunks aware but don't care, study shows," Harry Jackson Jr., Dec. 30, 2011
]]>As we discussed earlier this week on our Athens, Georgia, DUI law blog, a drunk driving arrest can have serious consequences, such as temporarily losing one's license up to one year, even if an individual is never convicted of DUI. And with more people going out to celebrate New Year's Eve this weekend, Georgia police are preparing to make more stops in order crack down on drunk drivers and to prevent serious or fatal accidents caused by drunk drivers.
]]> In order to prevent a DUI arrest this holiday weekend, Georgia residents can take certain precautions to make sure that they do not get behind the wheel of a vehicle if they have been drinking.Over the past couple of weeks, we have discussed the importance of designating a sober driver. But when friends are out celebrating together, a driver could be tempted to have a couple beers. Instead of taking one's chances this weekend or allowing a friend to drive after drinking, partygoers may be able to use a phone app to help them easily find a sober ride home.
On Monday, the Governor's Office of Highway Safety announced that a new app called "Drive Sober Georgia," will be available for iPhone and Android users to download for free. Partygoers can then use the app to find services in the area that will be providing free sober rides for those who plan on drinking on New Year's Eve.
The GOHS hopes that the "Drive Sober Georgia," app not only reminds residents to make smart choices after having a few glasses of champagne, but the office also hopes that people will use the services in order to prevent traffic fatalities caused my impaired drivers over the holiday weekend. According to the most recent statistics published this month, the total number of deaths caused by all types of traffic accidents across the state is 1,244, which is at least 60 fewer deaths compared to last year.
Source: Gainesville Times, "Road safety office aims to prevent drunken driving with new app," Ashley Fielding, Dec. 26, 2011
]]>However, refusing to take these tests could still result in an arrest if the officer has other evidence to support claims that an individual may have been drinking and driving. Refusing field sobriety and breath tests can be beneficial in some cases, but it can also result in serious consequences in Georgia, such as a license suspension.
]]> DUI arrests and accidents have dropped throughout the past few years in Georgia, which may suggest that fewer individuals are driving drunk. But police across the state have also reported that more drivers are refusing to take breath tests, which can make it more difficult to provide sufficient evidence in DUI cases. In an effort to make sure that drunk drivers are convicted, more police are starting to require drivers to take blood tests in order to provide sufficient evidence in DUI cases.The Georgia State Patrol's DUI task force and Douglas County sheriff's deputies are currently the only two groups in the Atlanta area that routinely request search warrants to test a driver's blood if the suspected drunk driver refuses to take other tests. But more departments across the state of Georgia may begin to require blood tests as well, which can have a significant impact on one's DUI case.
If a suspected drunk driver does refuse to take field sobriety tests, urine tests and breath tests in Georgia, the individual could face serious consequences, especially if a blood test provides evidence that an individual was drunk at the time of his or her arrest.
Refusing a breath test could result in a one-year license suspension. If an individual is not convicted of DUI, he or she can apply for a restricted driver's license in order to keep some driving privileges. But if an individual refused a breath test and is later convicted of DUI, he or she will not be able to apply for a restricted license. Repeat offenders could have their licenses suspended for more than one year.
DUI arrests are a serious matter in Georgia, even if an individual is not convicted. For this reason, it is important that suspected drunk drivers make sure that their rights are being properly protected.
Source: The Atlanta Journal-Constitution, "DUI test refusals prompts blood warrants," Rhonda Cook, Dec. 23, 2011
]]>Field sobriety tests, urine tests and breath tests offer more evidence in drunk driving arrests, which increases the likelihood that an individual will be convicted of DUI. However, not all traffic stops are conducted lawfully by police and not all field sobriety, urine or breath tests are accurate. For this reason, drivers who are suspected of DUI understand that agreeing to take these tests could potentially result in being wrongly charged or convicted of drunk driving.
]]> In Georgia, drivers can legally refuse to take a field sobriety test or breath test after being pulled over by police for suspected of drunk driving. Even if an individual has only had one or two drinks, the individual may choose to refuse tests in an attempt to protect his or her rights.However, refusing to take a field sobriety test, breath test or urine test does not mean that an individual cannot be arrested by police for suspected drunk driving.
If an officer can provide other evidence that a driver is drunk, such as smelling alcohol on the driver's breath, noticing a lack of coordination when taking one's license out, slurring one's speech or bloodshot eyes, the individual can be arrested and required to take a blood test which can then be used as evidence in a DUI case.
We will continue this discussion later this week on our Athens, Georgia, DUI law blog, focusing on some of the consequences drivers may face for refusing to take a breath test after being suspected of DUI.
Source: The Atlanta Journal-Constitution, "DUI test refusals prompts blood warrants," Rhonda Cook, Dec. 23, 2011
]]>But if individuals do choose to drink and drive this holiday season, the Governor's Office of Highway Safety (GOHS) warns that the chances of getting arrested are high and drivers could face serious consequences after a DUI arrest in Georgia.
The annual "Drive Sober or Get Pulled Over" DUI enforcement campaign is in full swing this holiday season, which runs from Dec. 16 through New Year's Day. During this time, the Georgia State Patrol and other local law enforcement increase road checks and patrols in order to catch drunk drivers before they potentially injure or kill themselves or others in an accident.
]]> In a release regarding the annual DUI enforcement campaign, the GOHS director warns, "Don't let your holiday season end in an arrest, or worse, death."According to the Newnan Times-Herald, individuals between the ages of 21 and 24 account for the highest percentage of alcohol-related traffic deaths in the nation. Data from the National Highway Traffic Safety Administration suggests that one person is killed every 48 minutes in an alcohol-related traffic accident. In December 2009, more than 750 people were killed in drunk driving accidents.
By reminding Georgia residents of the dangers of drinking and driving, troopers hope that individuals will choose to take several precautions in order to make sure that the roads are safer for all who plan on traveling this holiday season.
Some precautions individuals can take to avoid a DUI arrest in Georgia this holiday season include: arranging for safe transportation before going out, calling a cab or a sober driver to pick you up if you do end up drinking and leaving your car keys at home. Individuals are also encouraged to make sure that their friends and family members do not attempt to drive if they have been drinking.
Source: WALB, "Drive sober or get pulled over has officially began," Dec. 19, 2011
]]>In order to protect one's rights and to avoid spending time behind bars, if possible, Georgia residents may choose to work with an experienced attorney who will pursue the best outcome for an individual after his or her DUI arrest.
Earlier this year, rapper Flo Rida was pulled over by police after officers reported that the man was driving erratically. He was later arrested and charged with DUI. However, after striking a deal with prosecutors last week, it was reported that Rida will avoid jail time.
]]> The 32-year-old was pulled over by police in Miami Beach on June 9. Police said that the rapper's eyes were bloodshot and watery. Alcohol was detected on the man's breath and officers also commented that Rida's speech was slurred.After suspecting the man of drunk driving, police conducted a field sobriety test, which Rida reportedly failed. A breathalyzer test revealed that his blood alcohol content was .185, more than twice the legal limit.
Despite avoiding time in jail in last week's deal, the rapper will face several consequences for his DUI arrest. Rida is due to enroll in a first time DUI offenders program called "Back on Track." He will be required to participate in community service, he will need to take DUI classes and he will also be responsible for fees and court costs. After the rapper successfully completes the program, the DUI and reckless driving charges will be amended.
Rida's attorney stated that the rapper is satisfied with the outcome.
Source: NBC Miami, "Rapper Flo Rida Avoiding Jail in DUI Deal," Brian Hamacher, Dec. 14, 2011
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