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Category Archives: DUI

DUI7

Georgia Football Player Reaches Plea Agreement on DUI Charge

By Hawkins Spizman |

We previously discussed the arrest of a 20-year old University of Georgia football player on DUI charges. Back in March, police in Athens charged the player with a number of offenses, including DUI, less safe; reckless driving; and failure to maintain his lane. Under Georgia law, a minor may be convicted of DUI with… Read More »

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BreathalyzerTest

How Many DUI Breath Tests Can the State Make You Take?

By Hawkins Spizman |

You are probably well aware of the fact that law enforcement commonly use chemical breath tests to help determine whether a person is legally intoxicated. Actually, it is often multiple tests. Under Georgia law, the police can take two series of two breath samples each to ascertain a DUI suspect’s blood-alcohol concentration (BAC). A… Read More »

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DUI15

DeKalb County Police Department Scrutinized for Selectively Releasing DUI Suspects

By Hawkins Spizman |

Normally, when a police officer has probable cause to arrest a driver on suspicion of DUI, the process is to place the suspect under arrest and take them to the local jail for booking. This is where the suspect is photographed, fingerprinted, and held in jail until they are able to post bail. This… Read More »

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DUI18

What Are the Consequences of Damaging Property During a DUI in Georgia?

By Hawkins Spizman |

You may know that a DUI charge in Georgia carries significantly harsher penalties if another person is injured or killed as a result of the defendant’s drunk driving. But what about property damage? Could you face elevated charges if the police suspect you were drunk when you struck another car or even a building?… Read More »

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SchoolBus2

The Consequences of a DUI Arrest for a Georgia School Bus Driver

By Hawkins Spizman |

Getting arrested and charged with DUI is never a good thing. But if you hold a commercial driver license (CDL), the consequences may include the end of your professional career. Georgia law holds CDL holders to higher standards than other drivers when it comes to drunk or impaired driving, and even an arrest can… Read More »

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DUI Law

How Long Can Georgia Police Detain You While Investigating a Suspected DUI?

By Hawkins Spizman |

When a law enforcement officer pulls you over for a traffic stop, they cannot detain you indefinitely. The United States and Georgia supreme courts have made it clear that an “investigative detention” should last “no longer than is necessary to effectuate the purpose of the stop.” Even if the officer develops a reasonable suspicion… Read More »

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DUI22

What Are the Grounds for Challenging a Search Warrant in a Georgia DUI Case?

By Hawkins Spizman |

In Georgia drunk driving cases, the police will often apply to a magistrate for a search warrant to gather evidence in support of the arrest. The most common reason for such search warrants is to compel a DUI suspect to submit to a blood or breath test. Such tests are used to determine the… Read More »

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DUI16

Federal Judge Allows Lawsuit Against Savannah Officer Accused of Fabricating DUI Evidence

By Hawkins Spizman |

Under Georgia law, a person is guilty of DUI if they are in “actual physical control of any moving vehicle while … [u]nder the influence of any drug to the extent that it is less safe for the person to drive.” This can include either prescription or illegal drugs. But as with DUI cases… Read More »

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DUI12

Do Police Need Separate Warrants to Test for Alcohol and Drugs in a Georgia DUI Case?

By Hawkins Spizman |

There is more than one way to commit a DUI in Georgia. Although we commonly associate DUI with drunk driving, operating a motor vehicle under the influence of alcohol is just one way to break the law. It is also illegal to operate a motor vehicle under the influence of “any drug” to the… Read More »

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DUI9

What Are the Consequences of a DUI as a Georgia College Student?

By Hawkins Spizman |

For many young adults, a DUI arrest will be their first time interacting with Georgia’s criminal justice system as a defendant. Given that most college undergraduates are under the legal drinking age of 21, they not only face a stricter legal standard for DUI, but an arrest or conviction can have significant non-criminal consequences… Read More »

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