Dec. 2013: Our client was pulled over for running a stop sign and took the field sobriety tests. Case was tried in Fulton County.
Verdict: NOT GUILTY
Dec. 2013: Client was pulled over for aggressive driving in Cobb County. Officer had him take the field sobriety tests. Case was tried in Cobb County. Verdict: NOT GUILTY
Oct. 2013: Two DUI charges reduced to Reckless Driving in Cobb County. After preparing for trial, one was dismissed and the other dismissed the day our motion to suppress was being held.
Sept. 2013: DUI charge in Milledgeville reduced to a Reckless Driving.
July 2013: DUI charge in Smyrna reduced to Reckless Driving
January 2014: Client stopped in Kennesaw, Georgia. He did the field sobriety tests and was arrested. After a jury trial in Cobb County, he was found Not Guilty on all counts
October 2014: Client was charged with Aggravated Battery and Aggravated Assault. After a jury trial in Cobb County he was found
NOT GUILTY of both counts.
November 2014: client was charged with DUI per se, DUI Less Safe and Failure to Maintain Lane in Cobb County. She was found
NOT GUILTY of all counts.
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ARRESTED FOR DUI? CALL (844) DUI-RICH
ARRESTED FOR DUI? CALL (844) DUI-RICH
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When a driver's blood alcohol lever is above the legal limit, or if his or her physical or mental abilities are impaired, the result can be a DWI---Driving While Intoxicated---legal offense, even if the individual may feel able to drive. In Georgia, for example, one alcoholic drink or two can cause the person to be over the limit, depending on how much he or she weighs, how much food they have eaten and over what period of time they have been drinking.
Anyone charged in Georgia with their first DWI can incur a very serious penalty should he or she be convicted. Penalties can include several possibilities such as driver's license suspension, steep fines, a criminal record, a sharp rise in auto insurance costs, limited future professional or educational opportunities, and even jail time.
WARNING: If you refuse a blood test or a breath test, or if you fail either of these tests, your license can be confiscated and you have only 15 days to attempt to get it back.
If you are charged with your first DWI or DFW in the greater area of Georgia such as Smyrna, Sandy Springs, Roswell, Powder Springs, Marietta, Lithia Springs, Kennesaw, Dallas, Atlanta, Alpharetta or Acworth, contact Blevins & Hong, P.C. Attorney Richard Blevins has experience in every aspect of DWI laws in Georgia and he is dedicated to helping you with the very best results that he can accomplish on your behalf. Since 2002 his success rate stands at 91% on trial cases. For a free consultation, Call Blevins & Hong, P.C. at 678-354-2299 when you are charged with a first DWI offense.
Georgia Penal Code, Section 49.04 states that if a person is intoxicated while driving anywhere in Georgia, he or she can face charges of a first DUI or DWI offense, if they are in a public place and operating a motor vehicle.
Georgia's legal limit for blood alcohol is .08 and because this is not a high level, many individuals feel they are able to drive as they do not feel intoxicated, and may actually be able to drive safely at a little over that limit. Unfortunately, if their blood level goes even slightly beyond the .08 limit they will be charged with their first DUI or DWI offense, even though they do not actually appear to be drunk.
If a driver has an open container of alcohol in his or her vehicle when they are pulled over and charged with an offense, the DWI charge can be changed to Class B Misdemeanor, which carries a jail sentence of a minimum of six days upon conviction.
As stated in Georgia's Tex. Pen. Code Ann. 49.01(2), the definition of intoxication is when a person is unable to function normally or have full use of physical or mental abilities due to consuming a dangerous drug, a controlled substance, alcohol, or having any other drug or substance or combination of substances in the blood. Charges can also be brought against an individual whose blood test results in a concentration of alcohol of .08 or above.
Any individual whose blood alcohol level is at .08 or above is considered intoxicated. That means the person will be arrested regardless of whether his or her appearance or performance appears normal.
Georgia's definition of a motor vehicle under Tex. Pen Code 49.01(a) is a conveyance used for transporting people or property, with the exception of conveyances that run on stationary tracks or rails such as railroads. A person must exert actual physical control of a motor vehicle to be considered driving. That means the person must be in or near the vehicle and have the ability to operate the vehicle, whether they actually were driving when arrested.
In Georgia, blood alcohol content or concentration is known as BAC and the legal limit is .08. Under Georgia's Tex. Pen Code Ann. 49.01(1), this is defined as the number of alcohol grams in 210 liters of breath, 67 milliliters of urine or 100 milliliters of blood. Even a minimal of alcoholic drinks can push an individual over this low limit. As an example, if a 100 pound woman drinks one drink in an hour, she will most likely have a BAC of .05, or just below the legal limit. If she has two drinks in an hour, her BAC may reach .09, and she can be charged with DWI if driving a motor vehicle. On the other hand, a 180 pound man can drink four drinks in an hour and still have a BAC of .08, and he can be charged with DWI if he then drives a motor vehicle.
In Georgia, a 1.5 ounce of liquor at 80 proof or a volume of 40% is considered one drink, or 5 ounces of wine (12% alcohol), or a 12 oz. beer (4.5% alcohol.)
In Georgia, according to the penal code, Chapter 12, a first DWI can be upgraded to a Class B Misdemeanor, which carries a mandatory term of 72 hours minimum in jail or a 180 day maximum jail sentence. Any other punishment can be included in a first DWI, such as the following:
In addition, upon conviction of DWI, an individual's driver's license can be suspended for 90 days or up to a year. The suspension date is set by the court on or after the conviction date and cannot be set later than 30 days after a person is convicted.
If you are convicted of a first DUI, contact Blevins & Hong, PC Law Offices today for a free consultation.