Category Archives: DUI
Do Police Need Separate Warrants to Test for Alcohol and Drugs in a Georgia DUI Case?
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 »
What Are the Consequences of a DUI as a Georgia College Student?
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 »
Georgia Football Player Charged with DUI
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 »
Do the Police Need to Justify Prolonging a Traffic Stop to Conduct a DUI Investigation?
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 »
Georgia Supreme Court Declines to Address Constitutional Problems with DUI Implied Consent Law
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 »
Can I Be Court Martialed for a DUI in Georgia?
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 »
Can You Be Charged with Federal DUI?
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 »
Are DUI Roadblocks Legal in Georgia?
If you are out driving during a busy weekend or holiday, you may have found yourself stopped by the police at a DUI checkpoint. The purpose of these temporary roadblocks is to stop and briefly question drivers to see if there is any proof they are impaired and possibly operating their vehicle under the… Read More »
How DUI Can Lead to Child Endangerment Charges in Georgia
We all understand that drunk driving is reckless, irresponsible, and illegal. That is why Georgia law provides significant criminal penalties for anyone convicted of DUI. But the law also provides for additional and enhanced DUI penalties under certain circumstances, such as when a child was present in a vehicle operated by someone under the… Read More »
How Does Having a Child in the Car Affect a Georgia DUI Case?
A drunk driving arrest is never a good thing. If convicted of a first DUI offense in Georgia, you face up to one year in jail, a fine of $1,000, and the suspension of your driver’s license for up to one year, among other penalties. And these consequences escalate if you have additional or… Read More »