Metro Atlanta DUI Attorney, Gwinnett DWI Lawyer

Mandatory DUI License Suspensions

wlgill — Sun, 22 Jan 2012 16:31:19 +0000

This administrative hearing usually occurs before your criminal case is disposed of in Court.
Mandatory License Suspension

If your case results in a DUI conviction, the following suspensions may occur:

First DUI Conviction within 5 year period:
If you are convicted of your first DUI within a 5 year period, your license will be suspended for a period of 12 months. However, you may be eligible for a Limited Work Permit for a period of 120 days. At the end of 120 days, you can apply for reinstatement of your driver’s license after showing proof of completion of DUI Risk Reduction School and paying the license reinstatement fee.

Second Conviction within 5 year period:
If you are convicted of your second DUI within a 5 year period, your license will be suspended for a period of 18 months. You will not be eligible for a Limited Work Permit. At the end of 12 months, you can obtain a Limited Driver Permit for a period of six months with an ignition interlock device installed in your vehicle. After the 6 month period, you can apply for reinstatement of your driver’s license after showing proof of completion of DUI Risk Reduction School and paying the license reinstatement fee.

Third Conviction within 5 year period:
If you are convicted of your third DUI within a 5 year period, you may be declared a Habitual Violator and your license may be suspended for a period of 5 years. You will not be eligible for a Limited Work Permit.

Sample Case – Douglasville Municipal Court

wlgill — Fri, 20 Jan 2012 04:18:38 +0000

State v. DS, Douglasville Municipal Court – DS was stopped for failing to use his turn signal while changing lanes. During the traffic stop, the Officer allegedly smelled a strong odor of alcohol. DS was asked to perform field sobriety tests, which he could not perform due to physical limitations. Other than the obligatory “blood shot” eyes, the Officer did not note any other manifestations of intoxication. DS did not submit to the State breath test. Other than failure to signal, no erratic driving was observed. After several discussions with the Solicitor, the charge of DUI was DISMISSED.

Of course we can’t guarantee the same results for you, but we can guarantee that we will aggressively fight for the best possible outcome in your case. Our attorneys have represented persons charged with DUI since 1995. We have the experience and knowledge that you need to fight your DUI in court. Call us TODAY at (770) 825-0115 to schedule a FREE office consultation.

Sample Case – Henry State Court

wlgill — Fri, 20 Jan 2012 04:17:09 +0000

State v. TT, Henry State Court – TT was involved in a one car accident in Henry County. While investigating the accident, the Officer allegedly detected a strong odor of alcohol. The Officer conducted several field sobriety tests, including the horizontal gaze nystagmus (HGN) test. According tot he Officer’s interpretation of the results, TT did poorly on the tests. TT did not submit to the State administered breath test. Other than the obligatory “blood shot” eyes, the Officer did not note any other manifestations of intoxication. of The case went to jury trial. After jury selection, several pretrial motions were heard, including one to suppress the results of the HGN field test. The results were suppressed, and TT’s DUI charge was REDUCED to a lessor charge.

Sample Case – Cobb State Court

wlgill — Fri, 20 Jan 2012 04:16:18 +0000

State v. CT, Cobb State Court – CT was stopped for speeding on I-75 northbound in Cobb County. Also, the Officer claimed that CT failed to maintain lane when he tried to pull her over. During the traffic stop, the Officer allegedly smelled a strong odor of alcohol and observed an empty beer bottle in the back seat of the vehicle. CT was asked to perform field sobriety tests which she declined. She did submit to the State breath test with insufficient results. Other than the obligatory “blood shot” eyes, the Officer did not note any other manifestations of intoxication. CT was facing a mandatory one year suspension if she were found guilty of DUI. After several negotiations with the Solicitor, the charge of DUI was REDUCED to a lessor charge and CT license was saved.

Sample Case – Gwinnett State Court

wlgill — Fri, 20 Jan 2012 04:15:23 +0000

State v. GLH, Gwinnett State Court – GH was stopped for an expired tag. The officer alleged that he smell a strong order of alcohol on the breath of GH and asked GH to step out of the vehicle and perform several field sobriety tests. According to the officer, GH did poorly on the tests. GH was arrested but did not submit to the State administered breathalyzer. Prior to the stop, GH was not observed operating the vehicle in an unsafe manner. Nor did GH’s appearance, demeanor or behavior indicate that he was under the influence of alcohol to the extent he was a less safe driver. GH was facing a lifetime revocation of his CDL. After a jury trial, GH was found NOT GUILTY!

DUI Traffic Stop

wlgill — Fri, 20 Jan 2012 03:31:23 +0000

Every driver in Georgia gives their ‘implied consent’ to chemical test to determine their blood alcohol content (BAC) when they receive a driver’s license. This means their breath, blood, or urine may be tested for alcohol and/or drugs when under the suspicion of a Georgia DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn based on a request from law enforcement, it is extremely important to have your lawyer contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records. The Stop Police officers need a reason to stop a vehicle. There must be some probable violation to justify stopping your vehicle. Speeding, failing to use signals, rolling through a stop sign, or driving with burned out or even dimmed headlights or brake lights are common justifications for stopping a motorist. Most of these are controllable items or situations. For example, once every two or three weeks turn on all the lights on your vehicles(s). Check both headlight beams, taillights, clearance lights, brake lights, and turn signals. Your headlights should be properly aimed. Make sure your license plates are properly affixed and readable. Darkly tinted windows, loud exhaust pipes, broken lenses, unrepaired body damage, and cracked windows all serve as a necessary excuse to stop a vehicle. Always keep documents like your registration and insurance card in a readily accessible location. You do not want to have to search through your glove box, or worse, to not find these documents when you need them. When the blue lights go on, find a safe place to pull over, on the right side of the road whenever possible. Next, turn your dome light on and place both your hands on the steering wheel where the police officer can see them. This makes the officer more comfortable about his safety and conveys a sense of personal control on your part.

What Do You Say To a Police Officer?

Be courteous, but admit to nothing. Do not admit to drinking so much as one beer. You are under no obligation to give the officer any information beyond that on your driver’s license. Your admission to drinking gives the officer “cause” to pursue the matter further. Without that admission he must base his decision to pursue a Georgia DUI arrest on your driving, or mannerisms after the stop. A burned-out headlight is not an indication of impairment and neither is a refusal to talk about your night’s events. Officers are trained to engage people in conversation in order to monitor their responses. They monitor speech patterns to determine if there is alcohol on the breath or if the speech is slurred. They record the appearance of the person to see if he or she is disheveled and whether they are able to locate their wallet and related paperwork. Your dialogue with the police officer may be limited by you. You may lawfully and politely choose not to answer any questions other than those regarding your identity. If you choose to answer some questions, you may choose to do so with brief yes or no answers or a nod of the head. Police officers are trained to ask questions which call for a dialogue with you. If you choose not to speak with an officer, you should politely inform the officer of your decision not to answer questions at this time and that you wish to engage your legal right to counsel when that right becomes available to you. The important thing to remember is that anything you say or do in the presence of an officer is potential evidence and will be used against you in court. At a minimum you should bear this fact in mind and not engage in a dialogue which may incriminate you at a later time. As defendants soon learn, many law enforcement officers do not approach these serious criminal matters with an open and objective mind. Officers record information and results of field sobriety tests (FSTs) with the specific intent to incriminate people and obtain a conviction. Most officers tend not to record information which may prove to be helpful to someone. Therefore, it is not necessary for people to provide incriminating dialogue or other evidence which will later be used against them. If you notice that the officer is intent on sticking a flashlight in your face or in your car, it is probably because the flashlight is equipped with an electronic alcohol sensor that detects the presence of alcohol. You do not have to accept this “probing.” You can instruct the officer to keep the device away from your face and out of your vehicle. The officer is free to look into your vehicle, but only from the exterior, unless he requests to search your vehicle.

Never Voluntarily Permit A Search of Your Vehicle!

To search your car an officer must have “probable cause,” a belief he must be able to explain in terms of what he is looking for and why he believes he will find a specific illegal item in your vehicle. Moreover, your never have to consent to a police search of your person or vehicle, but, the police may make such a search even without your consent when either: 1) they have probable cause to believe the vehicle contains contraband or the fruits or instrumentalities of a crime; 2) when the driver has been placed under arrest; or 3) they may make a visual inspection of the inside passenger compartment from the officer’s position outside the vehicle, to observe illegal articles in plain view.

What To Do At A DUI Roadblock

It is now the law that from a narrow Fourth Amendment to the U.S. Constitution standpoint, nondiscriminatory sobriety check-points are generally not unreasonable. Bear in mind that other Fourth Amendment problems with sobriety check-points may exist when individual drivers passing through the check-point are asked to pull over. As to the extent of motorists’ rights; when you are faced with roadblocks, you should be cooperative. If you do not roll down your window it seems that the officer’s suspicion would be heightened and, at minimum, may give the officer grounds to require you to pull over to the side of the road. Assertion of Rights Upon initial contact with the roadblock, you may politely refuse to answer any of the officer’s questions. The following is an example of an assertion of rights that can be reproduced and handed to an officer at a roadblock: Officer, please understand: I refuse to talk to you until I consult with my attorney. I also refuse to consent to any search of these premises or any other premises under my control, or in which I have a possessory, proprietary, or privacy interest, including my car, my body, or effects. I hereby demand to immediately be allowed the reasonable opportunity to obtain the advice of my attorney by telephone. I desire to exercise all my rights guaranteed by the Constitution of the United States and the Constitution of this State, to be free from your interference with my person or affairs. If you attempt to question me, I want my lawyer present. I refuse to participate in any line-up or to perform any physical acts, or to speak or display my person or property at your direction, without first conferring with my lawyer. If I am under arrest, I wish to invoke and exercise my Miranda rights. If you ignore my exercise of these rights and attempt to procure a waiver, I want to confer with my lawyer prior to any conversations with you. If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business.

DUI Standard Field Sobriety Tests

wlgill — Fri, 20 Jan 2012 03:19:33 +0000

Horizontal Gaze Nystagmus • Walk & Turn • One Leg Stand

Horizontal Gaze Nystagmus Test

Horizontal gaze nystagmus (HGN) is an involuntary jerking of the eyeball which occurs naturally. This test theorizes that when a person is impaired by alcohol, nystagmus is exaggerated, and the alcohol-impaired person will have difficulty smoothly tracking a moving object. To administer this test, an officer asks the subject to watch a slowly moving stimulus, such as the tip of a pen. As the officer moves the object horizontally (back and forth), the officer watches the subject’s eyes as they follow the object, watching for six standardized “clues,” up to three in each eye, to intoxication:

Lack of smooth pursuit (eye cannot smoothly follow stimulus).
Sustained and distinct nystagmus at maximum deviation (nystagmus longer than 4 seconds when eye is moved furthest from center (approximately 60 degrees)).
Onset of nystagmus before eye reaches 45 degrees.
The presence of four or more clues is considered a failure of the test. The circumstances of a roadside administration, or a lack of training for the officer administering the test, can significantly affect and/or invalidate test results.

Walk-and-Turn

A subject is instructed to take nine steps along a straight line, walking heel-to-toe. After taking the steps, the subject must turn on one foot and return in the same manner in the opposite direction.

The officer looks for eight clues of impairment, specifically, if the subject being tested:

Cannot keep balance while listening to officer’s instructions.
Begins before instructions are finished.
Stops walking.
Breaks the heel-to-toe walk by more than ½ inch.
Steps offline.
Raises arms more than 6 inches from side of body.
Improper turn.
Takes an incorrect number of steps.

One Leg Stand

The subject is instructed to stand on one leg, with the other foot suspended approximately six inches off the ground and count aloud by thousands (“One thousand-one”, “one thousand-two”, etc.) until instructed to put the foot down. The officer times the person for thirty seconds.

The officer looks for four clues of impairment, specifically if the subject being tested:

Puts the raised foot down.
Uses arms to balance (raises more than 6 inches from side).
Sways.
Hops.

DUI Punishment

wlgill — Fri, 20 Jan 2012 03:16:03 +0000

Georgia DUI Penalties

First Conviction Within Ten Year Period:

Misdemeanor offense
A fine of not less than $300.00 and not more than $1,000.00;
A period of imprisonment of not fewer than ten days nor more than 12 months. At the sole discretion of the judge, the Court may suspend, stay, or probate all but 24 hours of any term of imprisonment;
Not fewer than 40 hours of community service;
Completion of a DUI Alcohol or Drug Use Risk Reduction Program;
A substance abuse or dependence clinical evaluation.
Second Conviction Within Ten Year Period:

Misdemeanor offense
A fine of not less than $600.00 and not more than $1,000.00;
A period of imprisonment of not fewer than 90 days and not more than 12 months. At the sole discretion of the judge, the Court may suspend, stay, or probate all but 72 hours of actual incarceration;
Not fewer than 30 days of community service;
Completion of a DUI Alcohol or Drug Use Risk Reduction Program;
A substance abuse or dependence clinical evaluation;
A period of probation of 12 months less any days during which the person is actually incarcerated.
Third Conviction Within Ten Year Period:

High and aggravated misdemeanor offense
A fine of not less than $1,000.00 and not more than $5,000.00;
A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. At the sole discretion of the judge, the Court may suspend, stay, or probate all but 15 days of actual incarceration;
Not fewer than 30 days of community service;
Completion of a DUI Alcohol or Drug Use Risk Reduction Program;
A substance abuse or dependence clinical evaluation;
A period of probation of 12 months less any days during which the person is actually incarcerated.

Fourth or Subsequent DUI Within Ten Year Period:

Felony offense
A fine of not less than $1,000.00 and not more than $5,000.00;
A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph;
Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service;
Completion of a DUI Alcohol or Drug Use Risk Reduction Program;
A substance abuse or dependence clinical evaluation;
A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to July 1, 2008, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection.

Administrative DUI License Suspension

wlgill — Fri, 20 Jan 2012 03:12:35 +0000

Administrative License Suspensions
Ten Day Rule
Mandatory License Suspensions

DDS Administrative Suspension

Did you receive an “Official Notice of Intent to Suspend” (DDS 1205) form at the time of your arrest or release? If so, you must act NOW to fight an one year administrative suspension of your driving privileges. You have only ten (10) days after your arrest to request an administrative hearing to save your license!

The DDS Administrative Hearing is separate and apart from the criminal case. A police officer may seek to have an administrative suspension of your license if

you refuse to take state administered chemical breath or blood test
have a BAC of 0.08 grams or greater for persons 21 and over
have a 0.04 grams or greater for persons operating a commercial vehicle, or
have a 0.02 grams or greater for persons under the age of 21.

This administrative hearing usually occurs before your criminal case is disposed of in Court.

Georgia DUI Law

wlgill — Fri, 20 Jan 2012 03:06:24 +0000

“Per Se” Violations
“Less Safe Driver” Violations
Under 21 Violations
Drugs and Other Substances Violations

“Per Se” Violation:

If a person’s alcohol concentration is 0.08 grams or more at any time of being in actual physical control of a motor vehicle, that individual is presumed to be under the influence of alcohol in violation of Georgia DUI Law.
“Less Safe Driver” Violation:

In instances where a person’s alcohol concentration is less than 0.08 grams, a person can still be deemed to be under the influence of alcohol to the extent that it is less safe for the person to drive. I such an instance, circumstantial evidence, such as erratic driving, slurred speech, bloodshot and/or watery eyes, unbalanced coordination, hazardous driving, and failed field sobriety tests can be used to prove that an individual was “under the influence” or “impaired.”

Under 21 DUI Violation:

A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.02 grams.
Drugs and Other Substances

A person may be convicted of DUI if that person is:

(A) under the influence of any drug to the extent that it is less safe for the person to drive; or

(B) under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;

The fact that any person charged with DUI is or has been legally entitled to use a drug shall not constitute a defense against the charge; provided, however, that such person shall not be in violation unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.