by Editorial TeamThe Significance of Blood Alcohol Content in DUI Cases
Blood Alcohol Content (BAC) plays a pivotal role in determining the outcome of DUI cases. In Georgia, the legal BAC limit is 0.08% for drivers over 21 years old, 0.02% for drivers under 21, and 0.04% for commercial drivers. Atlanta DUI Rich, led by Attorney Richard Blevins, utilizes a deep understanding of BAC to defend clients effectively. Having completed extensive DUI detection and field sobriety testing training, Blevins’s expertise is crucial in navigating these complex cases.
Understanding BAC Measurement and its Legal Implications
BAC is measured through breath, blood, or urine testing. Each method has specific legal and scientific standards that must be adhered to, ensuring the reliability of results. Incorrect handling or testing procedures can be challenged in court, a strategy often employed by seasoned DUI attorneys like Richard Blevins. For instance, Blevins has successfully used the variability in BAC testing methods to argue for reduced charges or even dismissals in numerous cases across Georgia.
Furthermore, industry data reveals that in Atlanta, approximately 24% of DUI cases show discrepancies in BAC measurement due to procedural errors. These errors can include improper calibration of breathalyzer devices or the mishandling of blood samples, emphasizing the importance of expert legal representation in DUI cases.
Real-World Examples of BAC in Action
Consider a case where a client was stopped at a routine checkpoint in Sandy Springs. The breathalyzer indicated a BAC of 0.09%. However, Attorney Blevins noted inconsistencies in the breathalyzer calibration log. By demonstrating these discrepancies, Blevins successfully negotiated a reduction of the charge, highlighting his role as ‘Your Trusted Legal Advocate.’
In another instance, a client in Dekalb County was involved in a minor traffic accident and tested for a BAC of 0.11%. Blevins, leveraging his advanced training in DUI detection, argued that the client’s medical condition affected the BAC reading. This nuanced understanding of how various factors can influence BAC levels enabled a favorable outcome for the client.
Case Studies: The Impact of BAC Expertise
One notable case involved a DUI charge in Atlanta where the defendant had a reported BAC of 0.15%. Blevins, using his comprehensive knowledge from both law enforcement and legal training, challenged the accuracy of the BAC based on the time elapsed between the traffic stop and the administration of the BAC test. The argument was that the BAC could have risen above the legal limit during that period, rather than being over the limit at the time of driving. This defense led to a successful not guilty verdict in a jury trial.
Another case study in Atlanta involves a client who was initially charged with a high BAC level after a serious traffic incident. Through detailed investigation and expert witness testimonies about the BAC testing process, Blevins managed to demonstrate significant doubts regarding the BAC level’s accuracy at the time of the incident. This approach not only facilitated a favorable plea bargain but also highlighted the intricate relationship between BAC levels and their legal interpretations. For more insights on this topic, read about DUI laws in Georgia.
For more detailed discussions or legal inquiries related to DUI cases in Atlanta, interested parties can contact Attorney Richard Blevins at 770.419.1945 or via email at atlantaduirich@gmail.com.
by Editorial TeamShould 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.
