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Category Archives: DUI

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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DUI_Law2

Are DUI Roadblocks Legal in Georgia?

By Hawkins Spizman |

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 »

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DUI6

How DUI Can Lead to Child Endangerment Charges in Georgia

By Hawkins Spizman |

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 »

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DUI_Law3

How Does Having a Child in the Car Affect a Georgia DUI Case?

By Hawkins Spizman |

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 »

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BreathalyzerTest

Can You Be Charged with DUI If Your Car Was Parked?

By Hawkins Spizman |

When the average person hears the term “driving under the influence” (DUI), they may assume that the police can only arrest you on such a charge if the suspect was actually driving. In other words, the police officer must observe you actually operating your car on the road. Surely, a person could never be… Read More »

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DrunkDriv2

Can I Go to Jail for an Open Container Violation in Georgia?

By Hawkins Spizman |

You know that drinking and driving is illegal in Georgia. But did you know it is also illegal for a driver or a passenger to even possess an open container of alcohol while a vehicle is on the road? Georgia’s “open container” laws are actually more complicated than you might think. And in some… Read More »

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Arrest

What Happens If a Georgia Police Officer Gives an Incorrect “Implied Consent” Warning?

By Hawkins Spizman |

When a Georgia law enforcement officer arrests a driver suspected of DUI, the officer is required to give an “implied consent warning” prior to requesting a breath or blood test to determine the driver’s blood alcohol content (BAC). By law, anyone allowed to drive in Georgia is presumed to give their consent to such… Read More »

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DrunkDriv

Can Your Refusal to Take a Breath Test Be Used Against You in a Georgia DUI Trial?

By Hawkins Spizman |

Georgia’s “implied consent” law means that if a person suspected of DUI refuses to submit to a blood or breath test, their driver’s license will be automatically suspended regardless of the outcome of any subsequent criminal prosecution. Prior to 2019, a suspect had no legal right to even refuse the breath test. And any… Read More »

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DUI_Law

When Can the State Appeal a Georgia DUI Case?

By Hawkins Spizman |

If you are convicted of a criminal offense such as DUI, you have the right to file an appeal. The purpose of an appeal is not to retry your case. Instead, an appeal gives a defendant the opportunity to argue that certain legal errors made during the trial of their case justifies certain relief,… Read More »

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