How Has Your Experience Been In Handling DUI Cases In Georgia?
I have been practicing DUI law in Georgia for over thirteen years and have defended hundreds of DUI cases in that time. In fact, one of my early jobs was serving as a municipal court judge for the city of Nashville, Georgia, where I gained significant experience from hearing those cases and presiding over them. I did that for three years and continued to defend DUI cases, having gone through a number of jury trials. That is how I became familiar with DUI cases. Additionally, I have gone through extensive training to continue educating myself so that I am able to identify what issues are important in DUI cases and keep up with the state and national trends in DUI law.
How is A DUI Defined In The State Of Georgia?
In Georgia the term is Driving Under The Influence. Some call it Driving While Intoxicated or DWI and there are a number of different ways that one could be considered DUI in Georgia. One is if you are impaired by alcohol to the extent that you are no longer a safe driver. Another way that a DUI is defined in Georgia is whether you have an Alcohol Breath Concentration of 0.08% or greater within a three hour period of driving, and that is considered a per se DUI. If you have that amount of alcohol concentration on your breath, then you are automatically considered a DUI. If you are underage, the limit is 0.02%, and if you are a CDL driver, it is 0.04%.
There are other ways that you can be cited for DUI in Georgia and one is if you are under the influence of any glues, aerosols or vapors and that is probably one of the least prosecuted statutes in our state. Another example is if you are under the influence of any over the counter substances, such as NyQuil, prescribed drugs or any other controlled substances. There is also a provision that calls for a DUI with the combination of both alcohol and drugs. Those are the broad categories of how a DUI is defined in Georgia.
Do You See A Typical DUI Client Here In Georgia?
There really are no typical DUI clients in Georgia. Individuals cited for DUI range from youngsters who are seventeen to their early twenties who have just started drinking alcohol and doing drugs, and we have seen men and women both in their late sixties and seventies that we have represented as well on DUI cases. One example in particular is a lady who was getting ready to go to bed. The wife had taken a sleeping pill, I think it was an Ambien and her husband said just before they got into bed, “Honey, did you get a chance to get my medicine from the local supermarket today?” She says, “No. I forgot. Let me go get it.” Unfortunately, she got up, dressed and on her way into town fell asleep at the wheel and drove into a ditch. Fortunately, she was not hurt and neither was anyone else, but she was cited for a DUI. She had never been in trouble before in her life. You see different types of people that are cited for DUIs, you just never know.
How Public Is The Knowledge Of A DUI Arrest In Georgia?
It depends on the area you live in, if a DUI arrest becomes public knowledge. In rural areas, in some locales, you will find that the local newspaper has a list of everyone that has been arrested and publishes it in the newspaper. There is nothing that can be done to stop that. I personally feel that unless the person is convicted, their name shouldn’t be put into the newspaper. But, some papers just do that anyway. In that case, it is not going to be kept quiet. In larger counties, they usually do not post this information, which is a plus so that family, friends and employers are less likely to find out.
When it comes particularly to your spouse, I do not think that you should keep quiet about this situation. If you were cited for something such as a DUI you should discuss this problem with your spouse. The question is how you are going to deal with this, because being cited for a DUI may cause some financial hardships.
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