Category Archives: DUI
What Happens If a Georgia Police Officer Gives an Incorrect “Implied Consent” Warning?
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 »
Can Your Refusal to Take a Breath Test Be Used Against You in a Georgia DUI Trial?
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 »
When Can the State Appeal a Georgia DUI Case?
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 »
Can a Georgia Police Officer Stop You Based on a Mistaken Understanding of the Law?
A traffic stop is often a precursor to a police officer investigating more serious charges, such as DUI or drug crimes. But an officer cannot simply invent a non-existent traffic violation. The officer must have a “reasonable suspicion” that the driver broke some traffic law before initiating a stop. And a judge can suppress… Read More »
The Open Container Law in Georgia & DUI Cases
Every resident of the United States has heard of the open container law. It is a regulation designed to minimize impaired driving and related crashes on America’s roads. However, many do not understand the open container laws in their state and how they can affect their DUI case. Our Doraville DUI lawyers at Hawkins… Read More »
What Are the Consequences for Refusing a Blood or Breath Test in a Georgia DUI Case?
Georgia drunk driving cases often center on an accused person’s blood-alcohol content (BAC) at the time of their arrest. Law enforcement may conduct chemical testing of a DUI suspect’s breath or blood to ascertain if their BAC is above the legal limit, which is 0.08 percent in most cases. So what happens if you… Read More »
Can Prosecutors Use “Character Evidence” to Convict You of a DUI in Georgia?
As a general rule, a prosecutor is not allowed to put a defendant’s “character” on trial in Georgia. In other words, the government can present evidence to prove the defendant committed the alleged crime. But the state cannot achieve its goal by introducing evidence of unrelated “bad acts” simply in an attempt to prove… Read More »
Can You Sue the Police for Malicious Prosecution?
Just because a police officer arrests someone on suspicion of DUI, that does not mean the suspect actually broke the law. After all, police officers can and do make mistakes. So it is important for defendants to assert their rights in court when it comes to challenging the evidence against them. But what if… Read More »
Can I Lose My Job After Being Arrested for DUI in Georgia?
For many Georgia residents, a drunk driving arrest will be the first–and hopefully only–time they interact with the state’s criminal justice system as a defendant. A DUI conviction carries a number of serious consequences, including possible jail time, fines, mandatory community service, and suspension of the defendant’s driver’s license. And even if the defendant… Read More »
Will You Be Convicted of DUI If You Fail a Field Sobriety Test in Georgia?
Facing DUI charges can be a stressful situation, especially if you are unsure about the laws and consequences. One of the most common tests that law enforcement officers use to determine a driver’s level of intoxication is the field sobriety test. But many people are left wondering, “Will I be convicted of DUI in… Read More »