DUI

by Editorial Team

Can the Police Use Refusal of a Field Sobriety Test Against You?

Generally, the results of DUI field tests are not admissible in court. At least, not as evidence of intoxication. Many states allow only the result of a blood test as evidence. The field test results

by Editorial Team

The Do’s and Don’ts After You’ve Been Charged with a DUI

We all make mistakes, but letting them snowball into a series of missteps is never the right solution, especially in a DUI case.

DUI charges carry many extreme potential penalties, including possible jail time, probation, and driver’s license suspension. There are some important rules you need to follow if you are charged with a DUI:

• Do not assume an arrest guarantees a guilty verdict
• Do seek legal advice quickly after your charge
• Do not try to represent yourself
• Do try to appeal your license suspension

While these rules will help the situation, it is crucial to understand the proceedings if you want to avoid the maximum penalties. This is especially true if this is not your first DUI charge, as the penalties can also include felony charges and up to five years in prison.

What Are The Penalties For a DUI?

In Georgia, the penalties for a DUI are related to the number of prior DUI charges. For a first offense, the charges are much less severe but still can cause a massive disruption to your life and career.
First offense charges include but are not limited to:

• License suspension
• One to ten days in jail
• One year of probation
• The cost of court proceedings and surcharges
• $300 fine
• Community service

The charges scale up until a fourth DUI, at which point you will be facing felony charges and much more severe penalties.

What Can I Do to Save my License?

During almost every arrest for driving under the influence, the arresting officer will inform the detained driver of their implied consent rights and confiscate their license.

This is the first step in the process of suspending a license. Luckily, an administrative license suspension (ALS) must go through many stages before it is finalized. As stated by the Constitution, every citizen is entitled to due process.

• Learn more about driving with a suspended license

In this case, it means that you can request a hearing to appeal the suspension of your license as long as you do it within 30 days of your arrest. Moving quickly is critical as this is the biggest “must-do” after being arrested for a DUI, which has a very tight time window.

To request an appeal hearing, you will need to pay a fee and follow a complicated and detail-focused process. It is highly recommended that you hire a lawyer to make this go smoothly.

What Should I Avoid Doing After My Arrest?

Being arrested for a DUI is a stressful experience, and many don’t bother fighting the charges because they consider them to be set in stone. However, an arrest does not automatically mean that you are guilty, and pleading guilty to a DUI charge is actually not the best idea.

Many think that taking the guilty plea will make the ordeal move quickly and make the stress and embarrassment of the charges go away, but in truth, it can lead to even more unexpected consequences.

Even if you can’t win your DUI case, fighting it can result in reduced charges or penalties. Most importantly, fighting your DUI charge with a lawyer gives you the chance to know your rights and all of the consequences that can occur upfront, this will allow you to be informed of your decisions before you make them.

You will never be able to seek lower penalties or potentially win a DUI case if you choose not to fight it, and being associated with a guilty plea can have a significant impact on your life, career, and loved ones.
For more legal advice on DUI’s don’t hesitate to reach out.

by Editorial Team

Record Restriction (Expungement) In Georgia

For many people convicted of an offense, that information can follow them for the rest of their lives. However, there are some instances where a criminal offense can be made unavailable for the public to view, which can help people who have been convicted of a crime still find gainful employment and other opportunities.

What is Record Restriction (Expungement)?

  In the state of Georgia, record restriction means that eligible records on your official criminal history report will be restricted from public view and are only accessible to law enforcement, and only then for criminal justice purposes.

     Before 2013, record restriction was referred to as expungement. However, that implied that the records were destroyed or deleted, which was never the case. On July 1st, 2013, Georgia changed the law to refer to the process as a record restriction. The actual procedure itself is entirely unchanged, and this law has modified only the name.

Can My Record Be Restricted Automatically?

   Under the new law that Georgia has created, if your arrest is not referred for prosecution, it will be restricted from your Georgia Crime Information Center (GCIC) criminal history record automatically with different timeframes dependent on the crimes. This restriction happens after two years for misdemeanors, four years for most felonies, and seven years for severe violent and sex-related felonies.

• Read more about 2nd offense DUI’s

      This automatic law process can apply to arrests before and after July 1st, 2013. However, if a record is automatically restricted, and later a disposition is entered that does not qualify for restriction, the law requires that your record be “unrestricted” by the GCIC.

Applying For Record Restriction

If you intend to apply for your record to be restricted, several aspects need to be considered. Some record restriction details are as follows:

• Georgia law does not allow for the restriction of an entire criminal history all at once. You must apply separately for the record restriction of each eligible arrest.
• If you have forgotten the details of a past case, the case’s outcome, referred to as the “final disposition,” is filed in the clerk’s office of the court in which your case was handled.
• If you have been denied restriction before July 1st, 2013, you can get your application to be reconsidered under the new law’s criteria. If your application was rejected previously and the charge(s) now qualify under the new law, you should reapply.

       Record restriction can be an extremely beneficial process if you are eligible for it. However, keep in mind that every person has a unique circumstance and that these broad guidelines do not cover every possible scenario.

         Suppose you are interested in getting your record restricted, and you believe that you qualify for doing so. In that case, it is worth speaking with an attorney who will be able to give you information that pertains precisely to your situation. Taking the time to prepare accordingly will provide you with the most excellent chance of success and lead you to a more secure future.

by Editorial Team

What You Need to Know About the Ignition Interlock Device Permit in Georgia

You just got a DUI. Maybe you’re asking yourself: what am I supposed to do? What are my options? Do I need a DUI lawyer? It may not seem like it, but you do have some choices to make.

Within 30 days of your arrest you may file an appeal or opt to apply for an ignition interlock device (IID) permit. If you submitted to a State-Administered test, you may even be eligible for a non-interlock permit. In this article, you will find out if you are eligible for an IID permit and what you need to do before applying.

What is an Ignition Interlock Device?

Individuals on probation for multiple offenses must install an IID in all vehicles. However, first-time offenders may choose to apply for an IID permit so they can continue to drive after a DUI conviction.

An ignition interlock device is a system for measuring a driver’s alcohol content while in the vehicle. An installed IID will not allow the car to start until the driver takes the alcohol test. If their alcohol content is above the preset limit, the car will not start. Only when the content level is below the predetermined number will the vehicle turn on.

The device will need service and recalibration every few months. Although installation and continued maintenance can be costly, it may be worth it for those who need to travel for work.

Are You Eligible for an IID permit in Georgia?

To qualify for an ignition interlock device permit in Georgia you must meet all these requirements.

• You are 21 years or older
• You have a valid Georgia driver’s license (or you are a current resident with an expired Georgia license that can be renewed)
• You have not been convicted of a DUI within the last 5 years
• You do not have any current license suspensions

IID Permit for a Multiple DUI Offender

There are some exceptions for habitual offenders. Individuals convicted of multiple DUI offenses within five years must serve a suspension period–at least four months–without a license. After this time, however, you may apply for an IID permit. Even with an IID installed, under Georgia’s driving restrictions, you may only drive for the following purposes:

• Work
• School
• Treatment Support Meetings
• Monthly maintenance for the IID

Depending on the circumstances, you will need to continue using the IID for 6 to 12 months. Individuals are also required to participate in a DUI Court program or enroll in approved clinical treatment.

How to Get Your IID Permit

There are a few steps to applying for your IID permit. Before the Department of Driver Services (DDS) can issue an ignition interlock permit, you need to:

• Install an IID in your car
• Submit your DDS-1205 to the Department of Driver Services
• Apply in person at a DDS office within 30 days and waive your right to an appeal hearing

What’s Next

If you meet the requirements above, consider whether you want to appeal the DUI conviction or apply for an IID permit.

by Editorial Team

Should I Hire a DUI Attorney?

In Georgia, if you are arrested for Driving Under the Influence of Alcohol, Drugs or Marijuana a whole new level of stress will be upon you.

You are looking at:

• losing your job
• professional license
• facing jail time
• fines
• other court related expenses
• higher insurance rates and
• the stigma of having a DUI conviction.

This is all from being at a party, after work event or dinner.  You then need to look and see if hiring a DUI attorney is right for you.

Do you need an Attorney?

A DUI charge is Georgia is a serious offense.  Mandatory minimum DUI punishment in Georgia is based on how many DUI convictions you have in a ten (10) year period using the dates of your arrest for each.  These are the minimum things that can happen to you.  The prosecutor can recommend more punishment, or the Judge could sentence you to more punishment if you are convicted after a trial or plea.

Your First DUI Conviction

A first DUI conviction in ten years carries a mandatory minimum of 12 months on probation with 10 days to serve in custody.  All but 24 hours can be stayed or probated.

A minimum fine of $300.00 plus court surcharges, up to a maximum fine of $1,000.00 plus court surcharges.

You will be required to complete a minimum of forty (40) hours of community service, risk reduction course (known as DUI school), undergo an alcohol and drug evaluation and follow any recommended treatment and attend a victim impact panel.  Typically, you will have to pay a probation fee that ranges from $39 to $50 per month.

A DUI conviction will also affect your driver’s license status.  In Georgia, the Georgia Department of Drivers Services (DDS) looks at how many DUI convictions you have in five (5) year period as determined by the arrest date.  A first in five year DUI conviction will cause your driver’s license to be suspended for one (1) year.

However, you can ask for an affidavit of first conviction at the time of your plea.  You can take this affidavit to DDS to apply for a limited driving permit.  The limited driving permit will restrict where and when you can drive and is valid 120 days.  After 120 days you can apply for a reinstatement of your driver’s license by showing you completed the risk reduction course and paying a restoration fee of $210.00 to DDS.

With so much at stake facing you, you should seriously consider hiring a DUI attorney to help you navigate and mitigate what lies ahead of you.

What is an Administrative License Suspension (ALS) hearing?

Most people who are arrested for DUI will ask their friends or family members or look on the internet on what to expect going forward.  Most will discover you have a certain amount of time to stop your license from being automatically suspended.  In Georgia, if you refuse to take the State Administered Breath or Blood test (not the breathalyzer you blew into on the side of the roadway); took the State Administered breath or blood test and registered over .08 grams for individuals over 21 years of age, .04 for commercial drivers or .02 for individuals under the age of 21 the arresting officer will take your driver’s license and issue you a 45 day temporary driving permit.  You will have 30 calendar days to either request an administrative license hearing or install an ignition interlock device in your vehicle.  Otherwise, you will be suspended for one year with no limited driving permit on a refusal case.  This is different from your court hearings.

An experienced DUI attorney can advise you through the administrative license suspension process.

What happens with my DUI case in Court?

After you are arrested for DUI and bond out of jail, you will receive an arraignment date.  This is where you enter your plea of guilty or not guilty.  Your next court date could be a motions hearing or calendar call.  Then a bench or jury trial will occur in your case.  An experienced DUI attorney can advise you on what will occur at each hearing and how your case will proceed at the hearing.  Some cases will warrant a motion to suppress hearing.  While others can be worked out in plea negotiations.  If the case cannot be worked out and the evidence is lacking by the Government, a jury or bench trial may occur to resolve the case.  A DUI attorney that has prior jury trial experience can properly advise you of how to handle your case to get the best possible results.

The Answer is Yes!

If you are charged with DUI, you need an experienced DUI attorney who has trial experience.  Attorney Richard N. Blevins, Jr. has the experience to defend you in your case.  He has had numerous jury trials in Georgia that resulted in several Not Guilty verdicts.  He has over 20 years of legal experience in handling DUI cases, four of which were as a prosecutor.

Prior to becoming an attorney, Attorney Blevins was a law enforcement officer. He is one of a few DUI attorneys in Georgia that has the unique experience of being someone who has stopped and arrested someone for DUI, testified in court and performed field sobriety tests on the roadside with a person suspected of DUI.

He has truly worked every side of a DUI case.  He has taken the Instructor course and Student course is Standard Field Sobriety Testing (FST).  He has taken the Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E.) course.  He was certified by the State of Georgia in F.S.T.s.  He was Intermediate and Basic P.O.S.T. certified in Georgia.  He is also a veteran of the U.S. Army Military Police Corps.

If you are arrested for DUI in Georgia, call Attorney Richard N. Blevins, Jr. at. 770-419-1945.

by Editorial Team

Change in Georgia DUI Law

Effective July 29, 2020, the law in Georgia regarding the suspension of your driver’s license or a DUI conviction involving marijuana or a controlled substance has changed.

Prior to the change in the law, if you were convicted of DUI with marijuana or a controlled substances your license would be suspended for one year. There were no early reinstatement period or a limited driving permit available.

The change in the law, O.C.G.A. section 40-5-75 (d), now allows early reinstatement of your license and a limited permit if you are convicted of driving under the influence of marijuana or a controlled substance.

Apply For a 120 Day Limited Driving Permit

This means once you are convicted of DUI-Drugs or marijuana, a first in five years, you can apply for a 120 day limited driving permit. After 120 days, you can apply for early reinstatement if you complete the risk reduction course and pay a restoration fee to DDS.

Attorney Richard Blevins is an Atlanta DUI Lawyer who has over 20 years of experience in handling DUI cases in Georgia. He can help navigate you through the process of dealing with a DUI case.

by Editorial Team

Your First Court Date After Being Arrested for DUI in Georgia

Estimated Reading Time: 3 Minutes

No two cases are alike. However, after being arrested for a DUI in Georgia, you will be required to appear in court. This can be an intimidating process, but you don’t have to go through it alone. Hiring an experienced DUI attorney to defend you is one of the first steps to take in helping your case. They will handle your first appearance for you, walk you through your case, and advise you how to proceed.

In this article, we will give you a quick rundown of what to expect from your first court date.

What to Expect

During the time of your arrest, you will receive a time and location on your ticket to appear in court. You must appear or have an attorney appear for you, otherwise, the judge will issue a warrant for your arrest.

Your DUI Arraignment

At your arraignment–your first appearance–the judge will read your charges, inform you of your rights, and determine whether you can afford an attorney or need one appointed to you.

If you already have counsel, you will enter a plea of guilty or not guilty. If you do not have an attorney representing you at the time of the arraignment, the judge cannot move the proceedings forward until you do. You will enter a plea at the next court hearing once you obtain an attorney.

Acquiring Counsel

It’s smart to get counsel before your arraignment, but maybe you didn’t have time or you didn’t have the money. Ask the judge for more time to find a criminal law attorney and explain your reasons. Be forthcoming; the judge should give you the time needed to attain counsel.

Don’t waste this extra time given to you. Showing up to the second hearing without an attorney will not go over well with the judge. If for whatever reason you could not obtain counsel, you must demonstrate your efforts to hire an attorney.

Hiring a private attorney is not your only option. You may apply for a public defender if you can’t afford an attorney.

Not a lot may happen at an initial appearance

Once your attorney enters a “not guilty” plea, an investigation process follows. During this time, your attorney gathers all pertinent information about your case. They may file a motion to have evidence or the entire case dismissed. If a motion to dismiss is denied, your case moves on to a trial.

Whether or not you have an attorney, when you appear for your arraignment, consider the following points.

• Clear your day: Depending on the court’s schedule you could be there for a few minutes to several hours. Having an attorney helps you in this aspect since many judges take attorney cases first.
• Dress appropriately: You don’t need to wear a suit, but don’t show up in shorts, either. Demonstrate respect for the court by wearing something nice. Wearing your uniform for work is usually acceptable, too.
• Be patient: Don’t let your emotions become raw because of the wait or poor treatment by the staff. Stay calm and collected. You don’t want the prosecution to have any further ammunition to use against you. Being respectful to court staff and the judge will go a long way.

by Editorial Team

Are Wearable Alcohol Tracking Devices the Way of the Future?

Soon, Even Your Device Will Tell You You’re Drunk

TAC – Transdermal Alcohol Concentration. This may be a prospect for “safe” drinking. How will the alcohol tracking devices work? Let’s take a look.

Alcohol Tracking Devices Useful or Useless?

According to a recent study, TAC sensing watches or wristbands may be the wave of the future to eradicate the over-consumption of alcohol. A transdermal alcohol biosensor may help accomplish this goal by measuring how much ethanol is in your sweat.

Is this really as useful as it claims? Lag times of this new technology indicate TAC sensors do not indicate your alcohol level until at least 30 minutes after consuming your last drink. Finish a drink, wait 30 minutes. Finish your second, wait 30 minutes. Heck, if this was realistic, we would all be responsible drinkers!

That being said, the technology does show promise with smartphone integration capabilities as well as outdoing the competition (SCRAM ankle monitor) by detecting peak TAC 45 minutes sooner.

Current Technology

BACtrack appears to be the most useful technology to measure alcohol concentration on the market today. This device boasts a pocket-size breathalyzer and smartphone integration to let you know if you’re a few sheets to the wind too many. Even though this brand claims affordability, the device is more than just a party trick costing $80 per month at its entry-level subscription. Cost aside, if you’re looking to curb your consumption and increase your awareness, this device could save your life.

Drinking and Driving Today

About ⅓ of all traffic fatalities in the U.S. are due to drunk drivers. The National Highway Traffic Safety Administration (NHTSA) states that the most recent data shows 10,511 individuals were killed in such accidents in 2018.

Sandy Springs shares Georgia’s alcohol-related fatalities coming in at just under the national average. The population in Georgia that admits to driving after drinking too much is 1.4%. This may not seem like a large number, but we have to remember that these are people who admitted to committing a crime. When you consider the population of Georgia, that’s about 150,000 people driving intoxicated.

Current Safety Strategies

Law enforcement does its best to keep us safe from ourselves both federally and on state and local levels. Our heroes in blue implement various strategies to help maintain our safety and that of others when we are choosing to be irresponsible.

Outside of upcoming technology, present-day strategies include:

• Sobriety checkpoints: police stops to check for impairment.
• Ignition interlocks: breathalyzer that keeps your car from starting when blood alcohol concentration is above the legal limit.
• License revocation/suspension: taking away your license.
• Alcohol screening/interventions: screenings provided in professional settings for identification of alcohol-related issues.
• School-based instructional programs: teaching new drivers the dangers of drunk driving.
• Mass media campaigns: exposing the public to the dangers of drunk driving.

Should you be charged with Driving Under the Influence (DUI) while in Sandy Springs, there are multiple options to help rehabilitate your driving record. First, seek representation. Both Sandy Springs and the greater Atlanta area advertise Defensive Driving Courses as well as DUI courses, which may be offered in lieu of more severe punishment.

As always, there are several, easy ways to avoid a citation, jail time, and even death.

• Plan ahead. Take an Uber or arrange for a designated driver.
• Take the keys of inebriated friends.
• Always wear your seatbelt!

by Editorial Team

5 Reasons to Fight a DUI Charge

Laws vary from state to state surrounding the severity of punishment that comes along with a DUI In Sandy Springs, GA.  The law is in-depth and lengthy. Learn why you should fight a DUI charge.

Drunk Driving in Georgia

For your very first DUI offense in Georgia, you can expect the following:

• At least 24 hours in jail
• 40 hours community service
• Suspended drivers license following conviction
• Fines from $300-$1000 + statutory surcharges, which will double the amount
• Attend and successfully complete a 20-hour DUI class
• Undergo alcohol/drug evaluations from a licensed addiction specialist (whose recommendation must be followed)
• 12 months probation (deducting time served in jail) following your arrest

If these first offense punishments aren’t enough to scare you away from drinking and driving, perhaps these five reasons will.

Why Fight a DUI

1. $$$$$. Tangling with the justice system is expensive. Even without hiring an attorney (which you should), you will still be facing court costs and fines that will easily add up to $1000+. What else is going to come out of your pocket? Increased car insurance premiums, payment for drug screens, ignition interlock device for your vehicle, and probation supervision fees. You might think not hiring an attorney is the cheapest way to manage a DUI charge; however, admitting guilt and being ordered to jump through a myriad of hoops is the most sure-fire way to burn a deep hole in your pocket. Do yourself a favor, call your lawyer.
2. Speaking of money, did you know a DUI conviction is likely to take away employment opportunities? DUI’s stay with your forever. If you have a job when you get a DUI, you might be looking at being fired or suspended. Not to mention a negatively impacted credit score and only being able to obtain higher interest rates on loans. You’re basically now considered high-risk for anything you apply to do/get. Still think you can’t afford a lawyer? Your attorney might just be the one saving your ability to make money. After all, arrest records are public knowledge, and potential employers today regularly use the internet to research candidates prior to hiring.
3. If you have kids, a DUI could interfere with your parenting, especially if you’re co-parenting in a separated/divorced relationship. Your responsibility may be called into question by your co-parent and also raise red flags within family court. It’s possible a judge may restrict your right to drive your child or even spend time with them depending on severity.
4. Probation isn’t easy. If you’ve never been on probation before, chances are you don’t realize the implications this type of restriction will have on your lifestyle, finances, and social circle. There are several rules you cannot break if you hope to ever be free of probationary measures, such as no leaving the state without permission, monitored driving, random drug screens, regular reporting to your probation officer. The list goes on.
5. Conviction isn’t a guarantee. Even if you know you’re guilty. Defense attorneys with expertise in this area may very well be able to avoid a conviction and clear this hiccup from your permanent criminal record. However, you won’t know unless you call your lawyer and ask!

There is one way to be 100% sure you won’t be convicted of a DUI. Don’t drink and drive!