Were there any changes to the Georgia DUI laws in 2005? Have you heard any news about new laws in 2006?
Answer: The judiciary committee is currently working on new DUI legislation for 2006, and we do not have a final bill yet. They want the cops to be able to draw blood rather than requiring a nurse or medical personnel to draw blood. In other states where the cops were allowed to draw blood, there are cases where the proper blood drawing procedure was not followed and the accused got aids or hepatitis c from contaminated needles. Let your representative know that you oppose blood drawing by cops rather than medical personnel. I will update this answer if the legislature passes the new legislation.
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What is the definition of DUI in Georgia? Does it only apply to alcohol or can you also be DUI for smoking marijuana?
Answer: This question could require a long answer, but to summarize: It is illegal to drive a vehicle in a less safe manner due to the alcohol you have consumed. It is illegal to drive a vehicle with an alcohol level above .02 if you are a minor, .04 if you are a truck driver (have a CDL license), and over .08 if you are over 21. It is illegal to drive in a less safe manner while under the influence of drugs, illegal drugs or prescription drugs and the state is required to show that the drugs consumed caused you to be a less safe driver due to the consumption of those drugs.
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I am 19 and got arrested for DUI. Is the judge going to tell my parents about this?
Answer: That’s up to the judge. The law does not require it, but many judges will prefer that you have your parents with you when you finish your case, especially if you are still living at home and depending on your parents for food and shelter, and usually payment of the fine.
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How long does a DUI stay on my driving record? Does it count as a second DUI if I got my first one 10 years ago?
Answer: DUI is a criminal offense and will stay on your criminal record forever. Every DUI you receive throughout your lifetime will be on your record. I recently represented a gentlemen on his 7th DUI, and all prior 6 offenses were in the 1960′s, forty years ago. For the purposes of sentencing, the law goes back for 5 years. In other words, if you receive 2 DUI’s in the past 5 years, then the sentence will be greater, as required by law.
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What is the difference between the “Breathalyzer” and the “Alcosensor?” Is there is any realistic way to challenge these machines?
Answer: The Alcosensor is the portable hand held breath testing device that is administered at the scene of the pullover. The Intoxilyzer 5000 is the breath testing device that looks like a computer, and usually located at the precinct or jail and is the device which the state uses to prove that you have more than the legal limit of alcohol in your blood. The results of the portable Alcosensor administered in the field is not admissable in court to prove that you have more than the legal limit of alcohol in your blood. Remember, there are good challenges to both testing devices.
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If I am guilty of DUI how can a lawyer like you help me. Why should I spend the money on a lawyer?
Answer: You are assuming that you know the law and whether or not the officer did everything that he should have done when arresting you. The most important thing to remember is that the burden of proof is on the state, not you. An experienced DUI attorney can review your case and determine whether or not you have a good defense and if the state can prove its case beyond a reasonable doubt. There are strict legal requirements that the state must meet in order to prove you guilty. Don’t make the mistake of assuming that they can do it all. There are some very good legal challenges to field sobriety tests and breath testing equipment. A good DUI lawyer will know these and be able to help you defend your case.
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Guy, I know that you are a DUI lawyer and I hope you will be honest with me. How do I choose the right DUI lawyer? How much experience is really necessary? What questions do I ask? When should I hire my lawyer? And finally, are there situations where it just doesn’t make sense to spend the money on a lawyer? I know that’s a lot of questions but I hope you will answer…
Answer: I’m sure that many people ask themselves the same questions. You should get the best lawyer you can afford to represent you and do it as soon as possible, since your license may be suspended if you do not ask for a hearing within ten business days from the date of your arrest. I would not represent myself if I were to be arrested for DUI as there are things a lawyer can do for you that you can not do for yourself, and if you try to do things for yourself, remember that everything you say will be used against you. The old saying, “a person who represents himself has a fool for a client”, comes to mind and it is true.
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