Georgia DUI Blog

      Braves pitcher Derek Lowe was charged with driving under the influence of alcohol within days after pitching coach Roger McDowell was accused of making anti-homosexual comments before a game in San Francisco last weekend.  Gordy Wright, a spokesman for the Georgia State Patrol, said a trooper stopped Lowe’s vehicle about 10 p.m. on Thursday, April 28th, on an Atlanta street. The trooper detected an odor of an alcoholic beverage and administered a “field sobriety test,” which resulted in Lowe’s arrest.  Initial reports failed to identify the nature of this test, but additional information should be forthcoming. 

     The 37-year-old right-hander was charged with DUI, reckless driving and improper lane change, according to the Georgia State Patrol.  Lowe declined to take a breath test before he was released, and the officer did not attempt to obtain a search warrant for a blood best, although he could have done so under state law.  The Atlanta Journal-Constitution has reported that Lowe was allegedly racing another vehicle when he was pulled over.

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website

A former MADD chapter president in Gainesville, FL was charged with DUI, see news article.  Debra Oberlin, 48, was arrested around 1:00 a.m. February 18 after police say the car she was driving was swerving on Northwest 39th Street. According to the arrest report she was given two breathalyzer tests and measured .234 and .239. The limit in Florida is .08.  Written by Richard N. Blevins, Jr.

If you are charged with DUI, you need to find and hire a lawyer that will help you in your case, if you just don’t want to walk in and enter a guilty plea.  Some things to look for in hiring your attorney:  Does he/she know their stuff?  Do they attend seminars, and are they trained in SFST and Intox?  Are they members of any professional DUI or criminal organizations?  Are they current with the latest DUI law?  Ask around the courthouse and see who the bailiffs, lawyers and court clerks recommend.  I am a member of the National College of DUI Defense, National Association of Criminal Defense Lawyers, Georgia Association of Criminal Defense Lawyers, certified in NHTSA and the State of Georgia Standardized Field Sobriety Testing and DUI Detection, certified as an operator of the Intox 5000, 10 years of law enforcement experience with the U.S. Army, DeKalb County Police, Milledgeville Police and Baldwin County Sheriff’s Office, 4 years of experience as a prosecutor in Cobb County with the Solicitor’s office and District Attorney’s office and 7 years as a DUI Defense attorney.  Written by Richard Blevins  visit my website.

If you are stopped and arrested by a law enforcement officer in Georgia for DUI, you may face several things if you are convicted in court. The maximum penalty for a first DUI conviction in Georgia is 12 months in custody and a $1,000.00 fine. The minimum penalty for a first DUI in Georgia is 10 days in jail and $300.00 fine. There are a few mandatory requirements: 40 hours of community service, Risk Reduction course, known as DUI school, an alcohol evaluation and any complete any treatment that is recommended. The is also a one year suspension of your driver’s license. You may be eligible for a temporary driving permit for 120 days.    Written by Richard Blevins  visit my website.

The National Highway Traffic Safety Administration created three standardized field sobriety tests that law enforcement officers use in their DUI investigations.  They are the Horizontal Gaze Nystagmus test (HGN), Walk and Turn test, and the One leg stand test.  Officers are trained to look for a number of clues in each test.  In the HGN they are looking for 6 clues, in the walk and turn, they are looking for 8 clues and the one leg stand they are looking for 4 clues.  NHTSA conducted a study and it was shown that 88% of individuals who exhibit 4 or more clues in the HGN have a .08 or higher BAC (Blood Alcohol Content).  If 2 or more clues are found on the walk and turn test, 79% of the individuals have a .08 or higher BAC in the study.  If 2 or more clues are found on the one leg stand test, 83% of the individuals have a BAC of .08 or higher in the study.Hiring an experienced attorney to assist you in looking to see if these tests are administered correctly, could go along way in helping you with your DUI case.  Written by Richard N. Blevins visit me at my website or www.mariettacriminaldefense.com

If you are stopped in Georgia by law enforcement and ultimately arrested for DUI, you may have more problems than with the court system. The state of Georgia has a right to suspend your ability to drive in Georgia if you are operating a motor vehicle under the influence of alcohol. This proceedure is known as an administrative license suspension (ALS). After your arrest the officer may submit a petition to suspend your driver’s license. The petition is known as a 1205 form. The officer will do this if you register a .08 grams or more or if you refuse the state’s test. If this occurs you have ten days to file a request for a hearing with an administrative law judge. Your request for a hearing must be accompanied by a fee of $150.00.If this happens to you, contact an attorney as soon as possible so they may prepare your defense.Written by Richard Blevins visit me at my website. www.cobbcountylaw.com