Police officers must have reasonable suspicion that a motorist is intoxicated before they can perform a traffic stop. From there, the officers need probable cause to make a legal arrest. The police rely on field sobriety tests to establish probable cause. Knowing how...
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DUI
5 ways to avoid getting a DUI
Getting a DUI in Georgia, even for the first time, could cost you. Some of the consequences include a fine between $300 and $1000, 40 hours of community service and/or a license reinstatement fee of $210. However, you can avoid getting a DUI charge or conviction by...
Can I be charged if an open container in my car wasn’t mine?
Getting stopped by the police on suspicion of DUI is always a source of anxiety, even when you are 100% sober. Just as you expect the officers to send you on your way, they spot a drink container in your car. Unfortunately, the bottle is half-filled with alcohol. It...
Can you drive away from a DUI checkpoint?
A DUI checkpoint is essentially just a roadblock where the police can briefly detain all of the drivers. Anyone who comes through is subjected to this, and the police may decide to ask questions or try to determine if any of the drivers are impaired. This is certainly...
Possible defenses to your DUI charges
If convicted of drunk driving, you may end up in jail, pay hefty fines and have a criminal record. On top of that, you may have to deal with other collateral consequences, such as increased insurance premiums, a tainted reputation and a possible license suspension....
What are the per se limits for DUI charges in Georgia?
There are two general justifications for a driving under the influence (DUI) charge. The first is when someone displays obvious chemical impairment at the wheel, possibly resulting in a crash. The second is when someone violates the per se limit for blood alcohol...
How do police officers detect drugged driving?
Driving under the influence (DUI) is typically associated with alcohol consumption. However, a DUI charge can also occur if you get caught driving while incapacitated by drugs. Although no roadside test unquestionably identifies drugged driving, some Georgia officers...
Field sobriety tests are not always accurate
While the police consider field sobriety tests as viable measures of a person’s alcohol impairment, it is not always the case. These tests are not perfect, and there is always the possibility of inaccurate results. If the police make a DUI arrest based on wrong field...
Mitigating factors that could help your DUI case
Certain aspects of your DUI case may determine the sentence the court gives you after a guilty verdict. They are known as mitigating factors and may lead the court to reduce your penalties. Below are some of these mitigating factors. Is this your first DUI charge? If...
Are breath alcohol tests always accurate?
You may have been subjected to a breath test by the police after a DUI traffic stop. The test is supposed to measure the amount of alcohol in your breath. Based on the results, you could be arrested for drunk driving. The test results will likely form part of your...
Does Georgia have a super drunk law?
Some states have decided to enforce aggressive penalties for those who are very intoxicated while driving. These are often known as super drunk laws, and they impose these strict penalties when someone has a BAC level that is more than twice the legal limit. For...
Can Georgia police officers draw blood at drunk driving stops?
Up to 100 Georgia police officers began training as certified phlebotomists in late 2021. Authorities wanted a better way to collect more accurate blood-alcohol readings from DUI suspects and differentiate between alcohol and other impairments, such as prescription or...
4 police mistakes that could affect your DUI case
The police play a crucial part in your DUI charges. They make the arrest and provide the evidence for the prosecution to prove your guilt beyond a reasonable doubt. However, everything needs to be done lawfully. It means that the police cannot break the rules just to...
What you need to know about having an IID in your car
If you’re ordered to have an ignition interlock device (IID) installed in your vehicle(s) after a second or subsequent DUI while on probation in Georgia, you can have limited driving privileges. IIDs, as most people know, are breathalyzer-type devices that people are...
Dismissing a DUI charge if the traffic stop was improper
A police officer in Georgia stopped you. As far as you knew, you had not violated any traffic laws. When the officer told you why they were stopping you, you were stunned. They stopped you on suspicion of drunk driving. Officers must have reasonable suspicion to stop...