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Category Archives: DUI

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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Georgia Football Player Charged with DUI

By Hawkins Spizman |

Many college students are arrested on suspicion of DUI in Georgia. Unfortunately, when the suspect is a college football player for the University of Georgia Bulldogs, the arrest tends to garner national media attention. And it can lead to serious consequences for the person charged outside of the criminal justice system. Coach Smart Backed… Read More »

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PoliceSearch

Do the Police Need to Justify Prolonging a Traffic Stop to Conduct a DUI Investigation?

By Hawkins Spizman |

When a police officer pulls you over for a traffic violation, they are not allowed to prolong the stop longer than is necessary to address the violation–i.e., to issue you a ticket. The officer may continue to detain you if they develop “reasonable suspicion” of some other criminal activity, such as DUI or possession… Read More »

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DUI13

Georgia Supreme Court Declines to Address Constitutional Problems with DUI Implied Consent Law

By Hawkins Spizman |

Like most states, Georgia has an “implied consent” law that conditions a person’s right to drive on submitting to a chemical test if they are lawfully arrested on suspicion of DUI. A police officer will warn a DUI suspect that their refusal to submit to such testing can be introduced as evidence against them… Read More »

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Question

Can I Be Court Martialed for a DUI in Georgia?

By Hawkins Spizman |

A drunk driving arrest often has consequences that extend beyond any criminal charges. For example, if your boss learns of your arrest, you may be fired or face disciplinary action at work. And if your job happens to be an active duty member of the armed forces, you might even face a court martial…. Read More »

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FederalCrime

Can You Be Charged with Federal DUI?

By Hawkins Spizman |

Driving under the influence (DUI) is normally prosecuted as a state crime. Here in Georgia, absent certain aggravating factors, a first-time DUI is prosecuted as a misdemeanor. Upon conviction, a driver faces a maximum penalty of between 10 days and 12 months in jail, a fine of between $300 and $1,000, at least 20… Read More »

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