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 TeamThe Role of Dash Cam Footage in DUI Defense in Georgia
Understanding DUI Defense in Atlanta: Insights from Attorney Richard Blevins
Driving under the influence (DUI) charges in Atlanta, Georgia require a sophisticated understanding of both the law and the practical application of defense strategies in court. Attorney Richard Blevins, with his extensive background in defending DUI cases since 2005, brings a depth of knowledge and experience to this field. Not only has Blevins participated in numerous jury trials across Georgia, but he has also completed the same DUI Field Sobriety Testing (F.S.T.) training as police officers, including the National Highway Traffic Safety Administration’s (N.H.T.S.A.) courses on DUI Detection and Field Sobriety Testing.
Expertise in Field Sobriety Testing
As Richard Blevins explains, “Understanding the nuances of field sobriety tests is crucial in defending against DUI charges effectively.” His completion of advanced courses such as the DUI Detection and Field Sobriety Testing Instructor’s course and the Advanced Roadside Impaired Driving Enforcement program has equipped him with the knowledge to challenge the results of these tests in court rigorously.
Local DUI Defense Success Stories
Throughout his career, Attorney Blevins has managed to secure not guilty verdicts in jury trials and successfully negotiate lower charges for his clients before trial. These outcomes not only demonstrate his proficiency in DUI defense but also highlight his commitment to justice. For example, in one notable case in Atlanta, Blevins challenged the field sobriety test procedures, which resulted in a significant reduction of charges for his client.
Atlanta DUI Regulations and Defense Challenges
The DUI laws in Georgia are complex and can be daunting for those facing charges. Local MLS data indicates that with Atlanta’s dense population and active nightlife, DUI charges are not uncommon. Understanding these local nuances is critical for effective defense strategies.
Role of Comprehensive Legal Training and Experience
Richard Blevins’s experience is augmented by his extensive credentials, including former roles as Cobb Assistant District Attorney, Cobb Assistant Solicitor General, and law enforcement positions in several Georgia counties. These roles have provided him with a unique perspective on both the prosecution and defense sides of the law.
Strategic Approaches to DUI Defense in Atlanta
Attorney Blevins’s approach to DUI defense is informed by his comprehensive training and firsthand experience. “Each DUI case in Atlanta presents unique challenges that require a tailored strategy,” he notes. This might involve scrutinizing the arrest procedure, the administration and interpretation of field sobriety tests, and the use of breathalyzer or other chemical tests.
Case Studies and Their Impact on Local DUI Defense Practices
Case studies from Blevins’s practice provide insights into the complexities of DUI cases in Atlanta. Each case presents different circumstances that can influence the defense strategy. For example, a scenario involves a client who was initially charged with DUI based on a field sobriety test but later had the charges reduced due to improper test administration.
Future Trends in DUI Defense
Advancements in technology and changes in state laws could significantly impact how DUI defenses are constructed. Attorney Blevins stays at the forefront of these changes to ensure the most effective defense for his clients. “Keeping up-to-date with the latest legal precedents and technological advancements is essential for defending DUI charges,” Blevins asserts.
Moreover, the increasing use of body cameras and other recording devices by law enforcement could play a crucial role in future DUI cases. These devices provide additional evidence that can be used in court to support or refute charges based on a clearer account of the defendant’s behavior and the officer’s conduct during the arrest.
As DUI laws evolve and enforcement methods change, the need for experienced and knowledgeable defense attorneys becomes ever more critical. Attorney Richard Blevins, with his comprehensive training, extensive courtroom experience, and deep understanding of DUI law, continues to serve as a trusted legal advocate in the Atlanta area.
by Editorial TeamRights of Atlanta Drivers at DUI Checkpoints
An Atlanta police officer engages with a motorist during a DUI checkpoint stop, highlighting common procedures.
As a DUI defense attorney in Atlanta, GA, with over two decades of experience, I’ve seen how DUI checkpoints can catch drivers off guard. I’m Attorney Richard Blevins—known as DUI Rich—and I’ve been defending clients charged with DUI since 2005. With my background as a former prosecutor, law enforcement officer, and extensively trained DUI specialist, I’ve conducted countless DUI stops myself and now use that insider knowledge to protect drivers’ rights. Today, April 2, 2025, I’m here to break down what Atlanta drivers need to know about their rights at DUI checkpoints and how to navigate these encounters effectively.
DUI Checkpoints: Legal, But Limited
In Georgia, DUI checkpoints—also called sobriety checkpoints—are legal under both state and federal law, as upheld by the U.S. Supreme Court in Michigan Dept. of State Police v. Sitz (1990). The Georgia Supreme Court has also affirmed their constitutionality, provided they meet strict guidelines. Police can’t just set up a roadblock anywhere and start questioning drivers at random. The checkpoint must have a legitimate purpose (like reducing impaired driving), be pre-planned by supervisory officers, and operate in a way that minimizes intrusion on drivers’ Fourth Amendment rights against unreasonable searches and seizures.
- Learn more about pulling over to sleep if you’re intoxicated
For Atlanta drivers, this means you’re likely to encounter checkpoints on major roads like I-85, Peachtree Street, or near popular nightlife areas like Midtown or Buckhead, especially during holidays or weekends. But just because they’re legal doesn’t mean you’re powerless. You have rights, and knowing them can make all the difference.
Your Rights at a DUI Checkpoint
- The Right to Avoid the Checkpoint (If Possible)
You’re not obligated to drive through a checkpoint if you can legally avoid it. If you see signs or cones ahead and can make a lawful turn onto another street before reaching the officers, you’re within your rights to do so. As a former DeKalb County police officer who’s run these operations, I can tell you that police often watch for “avoidance behavior,” but turning away isn’t illegal unless you break traffic laws—like making an illegal U-turn or speeding. If they stop you for avoiding the checkpoint without a traffic violation, that stop could be challenged in court. - The Right to Remain Silent
Once you’re at the checkpoint, you must provide your driver’s license, registration, and proof of insurance if asked—these are basic requirements under Georgia law. Beyond that, you’re protected by the Fifth Amendment. You don’t have to answer questions like, “Have you been drinking?” or “Where are you coming from?” Politely saying, “I’d rather not answer,” is your right. Officers might press you, but my experience as a former Cobb County prosecutor tells me they need more than your silence to justify further action. - The Right to Refuse Field Sobriety Tests
If an officer suspects you’re impaired—maybe they smell alcohol or notice slurred speech—they might ask you to step out for field sobriety tests (FSTs), like the walk-and-turn or one-leg stand. Here’s the key: these tests are voluntary in Georgia. You can respectfully decline. I’ve completed NHTSA’s DUI Detection and Field Sobriety Testing Instructor’s course—the same training police get—and I know these tests are subjective and often flawed. Refusing won’t stop an arrest if they already have probable cause, but it limits the evidence they can use against you later. - The Right to Refuse a Preliminary Breath Test
Officers might offer a handheld breathalyzer at the checkpoint. This isn’t the official state-administered test—it’s a preliminary tool. You can refuse it without immediate legal penalty because it’s not covered by Georgia’s Implied Consent Law until after an arrest. I’ve operated these devices as a police officer, and they’re not foolproof. Declining can keep shaky evidence out of your case. - The Right to Understand Implied Consent After Arrest
If you’re arrested at the checkpoint, the officer will read you Georgia’s Implied Consent warning, requiring a breath, blood, or urine test. You can refuse, but it triggers a one-year license suspension and can be used against you in court (except for breath test refusals, per Elliott v. State in 2019). Knowing when and how to exercise this choice is critical—I’ve helped clients navigate this decision to minimize consequences. - The Right to a Lawful Checkpoint
Police must follow strict rules: the checkpoint must be clearly marked, publicized in advance (often via local news or social media), and applied uniformly to all drivers. If they deviate—like targeting you without cause or failing to document the checkpoint’s plan—I can challenge its legality. My 1,000+ hours of police training and jury trial experience across Georgia give me the tools to spot these violations.
What to Do at a DUI Checkpoint
- Stay Calm and Polite: Roll down your window, provide your documents, and keep interactions brief. Rudeness can escalate the situation.
- Know Your Limits: Don’t volunteer information. If asked about drinking, you can say, “I’d prefer not to discuss that.”
- Record If Safe: Georgia is a one-party consent state for recording, so you can discreetly record the stop (e.g., with your phone) as long as it doesn’t interfere with the officer.
- Call Me Immediately: If you’re detained or arrested, don’t say more until you’ve spoken with me. A DUI charge can unravel your life—your job, reputation, and freedom are on the line.
How These Rights Impact Your Defense
In my 20 years defending DUI cases, I’ve seen checkpoints lead to arrests that don’t hold up. Maybe the officer lacked reasonable suspicion to detain you beyond the initial stop, or the checkpoint didn’t follow protocol. As a former Baldwin County Sheriff’s Deputy and Milledgeville police officer, I’ve testified in court about DUI stops—now I use that insight to dismantle weak cases. I’ve won not guilty verdicts and reduced charges by challenging everything from field sobriety test administration to the checkpoint’s setup.
Facing a DUI Checkpoint Charge? I’ve Got Your Back
Atlanta drivers don’t have to face DUI checkpoints alone. With my unique background—former U.S. Army Military Police, Georgia P.O.S.T.-certified officer, and John Marshall Law School graduate—I’m equipped to protect your rights and fight your case. A DUI conviction can mean jail time, fines, and a suspended license, but the right defense can change the outcome. Contact me, Attorney Richard Blevins, at 470-396-0211 today. Let’s ensure your rights are upheld and your future stays intact.
Richard N. Blevins, Jr., DUI Attorney in Atlanta, GA, brings unmatched experience as a former prosecutor, law enforcement officer, and defense counsel to every case. Known as DUI Rich, he’s been defending Georgia drivers since 2005.
by Editorial TeamCan You Sleep in Your Car While Drunk Without Getting a DUI in Georgia?
For many people, sleeping off alcohol in their car might seem like a responsible decision to avoid driving under the influence. However, in Georgia, the situation isn’t as simple as it seems. Depending on the circumstances, you could still be charged with a DUI even if your car isn’t moving. Understanding the laws around this issue is crucial to staying on the right side of the law.
The Legal Definition of DUI in Georgia
Under Georgia law, a person can be charged with Driving Under the Influence (DUI) if they are in “actual physical control” of a vehicle while impaired by alcohol or drugs. This definition is broader than simply driving a moving vehicle. Being in physical control of a car while intoxicated can still lead to a DUI charge, even if the car is parked.
What Does “Actual Physical Control” Mean?
The term “actual physical control” can be interpreted in several ways, and courts often look at various factors to determine whether someone was in control of the vehicle. These factors include:
- The Position of the Driver: Were you sitting in the driver’s seat? If so, this may indicate control of the vehicle.
- The Keys: Were the keys in the ignition or within reach? Having access to the keys can imply the ability to drive, even if the engine isn’t running.
- The Engine Status: Was the engine on or off? An engine that’s running may suggest intent to drive.
- The Vehicle’s Location: Were you parked on private property, in a parking lot, or on a public road? Being in a public space increases the likelihood of a DUI charge.
When Sleeping in Your Car Can Lead to a DUI
Even if your intention was to “sleep it off,” law enforcement may interpret your actions as evidence that you were in control of the vehicle and possibly intended to drive. Here are scenarios where you could be at risk:
- Keys in the Ignition: If your keys are in the ignition, even if the engine is off, this may be enough for an officer to conclude that you were in control of the vehicle.
- Engine Running: Turning on the engine, even just to use the heat or air conditioning, could indicate that you intended to drive.
- Public Parking Lots or Roads: If your car is parked in a public area, an officer may assume you had been or intended to drive.
Tips to Avoid a DUI While Sleeping in Your Car
If you feel you have no choice but to sleep in your car after drinking, taking precautions can help minimize your risk of being charged with a DUI:
- Don’t Sit in the Driver’s Seat: If possible, move to the back seat to show that you are not in control of the vehicle.
- Keep the Keys Out of Reach: Place your keys somewhere inaccessible, like the trunk or outside the vehicle, to eliminate the appearance of intent to drive.
- Turn Off the Engine: Avoid turning on the engine, even for climate control. Use blankets or additional clothing to stay warm instead.
- Park on Private Property: If possible, park your car on private property with permission, as DUI laws often focus on public roadways.
What to Do If You’re Arrested for Sleeping in Your Car While Drunk
If you are arrested for a DUI under these circumstances, it’s essential to contact an experienced DUI lawyer immediately. An attorney can investigate the specifics of your case and help challenge the evidence. Some potential defenses include:
- No Intent to Drive: Demonstrating that you had no intention of driving while intoxicated.
- Improper Police Procedure: If law enforcement did not follow proper protocol, evidence against you may be challenged.
- Actual Physical Control: Arguing that you were not in “actual physical control” of the vehicle at the time of the arrest.
Conclusion
While sleeping off intoxication in your car might seem like a responsible decision, it can still lead to a DUI charge in Georgia depending on the circumstances. The safest choice is to plan ahead and arrange for a ride home or stay at a friend’s place to avoid putting yourself in a risky situation.
If you’ve been charged with a DUI for sleeping in your car, you need a knowledgeable DUI lawyer who understands Georgia’s laws and can build a strong defense. Contact Attorney Richard Blevins, known as DUI Rich, at 470-396-0211 to discuss your case and protect your rights.
by Editorial TeamUnderstanding OCGA 40-6-391: DUI Laws in Georgia and Your Next Steps
If you’ve recently found yourself searching for OCGA 40-6-391, you may be dealing with a DUI charge in Atlanta. Facing this situation can be overwhelming, but understanding the law and your options is the first step toward resolving it. This article will break down the statute, explain what it means for you, and guide you on your next steps.
What is OCGA 40-6-391?
OCGA 40-6-391 is Georgia’s law governing driving under the influence (DUI). It makes it illegal to operate a vehicle under the following conditions:
- Alcohol Impairment:
- A driver’s blood alcohol concentration (BAC) is 0.08% or higher for drivers aged 21 or older.
- For commercial drivers, the limit is 0.04% BAC.
- For drivers under 21, the limit is 0.02% BAC.
- Drug Impairment:
- Driving under the influence of prescription, over-the-counter, or illegal drugs that impair your ability to drive safely.
- Combination of Alcohol and Drugs:
- Any combination of substances that impairs your driving.
- Less Safe Drivers:
- Even with a BAC below the legal limit, you can be charged if your ability to drive is noticeably impaired by alcohol or drugs.
- Toxic Vapors:
- Operating a vehicle while under the influence of toxic vapors, such as glue or aerosol, is also prohibited.
What Happens After a DUI Arrest in Atlanta?
A DUI arrest triggers a series of legal and administrative actions. Here’s what to expect:
- License Suspension: If you refuse a breathalyzer or your BAC exceeds the legal limit, your driver’s license may be suspended.
- Criminal Charges: You’ll be formally charged under OCGA 40-6-391, which carries penalties like fines, jail time, community service, and mandatory DUI classes.
- Court Appearances: You’ll be required to appear in court to answer the charges.
Why Understanding OCGA 40-6-391 is Important
A DUI conviction can have serious consequences, including:
- High fines and court costs
- Jail time (depending on the severity of the offense or prior convictions)
- Suspension or revocation of your license
- Increased car insurance premiums
- A permanent criminal record
Understanding the charges against you can help you make informed decisions about how to proceed.
What Should You Do Next?
Here are the steps you should take immediately after being charged with a DUI in Atlanta:
- Don’t Panic: A DUI charge is serious, but it’s something you can address with the right legal help.
- Understand Your Rights: You have the right to remain silent and the right to an attorney. Use these rights to protect yourself.
- Contact a DUI Attorney: Hiring an experienced DUI attorney, like Richard Blevins (DUI Rich), can make a significant difference in your case. Richard has extensive experience in defending DUI charges and knows how to navigate Georgia’s DUI laws to work toward favorable outcomes for his clients.
- Request a Hearing to Save Your License: If your license has been suspended, you have only 30 days to request an administrative license suspension (ALS) hearing or apply for an ignition interlock device limited permit. Missing this deadline could result in losing your driving privileges.
- Prepare for Court: Work closely with your attorney to gather evidence, review police procedures, and build your defense.
How DUI Rich Can Help
Richard Blevins, known as DUI Rich, has been defending DUI clients in Atlanta since 2005. His background as a former prosecutor and law enforcement officer gives him a unique perspective on DUI cases. He has completed advanced DUI detection and field sobriety training, equipping him with the skills to challenge improper arrests or testing procedures.
By working with DUI Rich, you gain a dedicated advocate who can:
- Examine the details of your arrest for errors or violations of your rights
- Challenge BAC or field sobriety test results
- Negotiate with prosecutors to reduce or dismiss charges
- Represent you in court to seek the best possible outcome
Don’t Face a DUI Charge Alone
If you’re facing a DUI charge under OCGA 40-6-391, time is of the essence. Contact DUI Rich at 470-396-0211 for a consultation. With the right legal guidance, you can navigate this challenging time and work toward the best resolution for your case.
by Editorial TeamThe Ultimate Guide to Hiring an Atlanta DUI Lawyer: What You Need to Know
If you’ve been charged with a DUI in, finding the right Atlanta DUI lawyer is crucial to protect your future. DUI charges can result in severe consequences, including hefty fines, license suspension, and even jail time. However, with the help of an experienced Atlanta DUI lawyer, you can significantly improve your chances of a favorable […]
by Editorial TeamDo You Have to Roll Down Your Window During a Traffic Stop in Atlanta, GA
When pulled over in Atlanta, GA, drivers often wonder if they need to roll down their windows. While not legally required to fully lower the window, DUI attorney Richard Blevins explains that doing so can help ensure smoother communication with law enforcement. This article covers best practices for handling traffic stops, including the legal implications of window compliance and advice on how to stay calm and cooperative.
by Editorial TeamCan I Beat A DUI If I Was Over The Limit in Georgia?
Facing a DUI charge in Georgia, even if over the limit, doesn’t mean an automatic conviction. This article explores common defenses, including improper traffic stops, inaccurate BAC tests, procedural mistakes, and medical conditions, providing insights into how you can challenge a DUI charge successfully. Discover real case examples and expert advice from DUI attorney Richard Blevins, known as DUI Rich, who offers his extensive experience and proven defense strategies to help protect your rights and future.
by Editorial TeamAtlanta DUI Arrest Process and Booking
Facing a DUI arrest in Atlanta can be a daunting and stressful experience. As an experienced Atlanta DUI lawyer, Richard Blevins has guided numerous clients through this challenging process. In this article, he discusses the Atlanta DUI arrest procedure, your Miranda rights, the booking process, and what happens after being arrested for a DUI in Atlanta.
by Editorial TeamFirst-Time DUI Offenders in Atlanta: What to Expect and How to Navigate the Legal Process
If you’re a first-time DUI offender in Georgia, it’s crucial to understand the legal process and equip yourself with the knowledge to navigate it successfully. This comprehensive guide goes beyond what Atlanta DUI law firms offer, addressing often neglected topics and providing valuable resources. From understanding the DUI laws in Georgia to building a strong defense strategy, we’ve got you covered. Explore expert insights, frequently asked questions, and gain the confidence to protect your rights and achieve the best possible outcome in your DUI case.
