NTSB Recommends .05 BAC for DUI, Will Georgia Follow?

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On the issue of lowering the BAC, those in favor pointed to the fact that the effects of alcohol can be seen at as low as .01.  Those against stressed that some people would be at .05 with a drink or two over dinner and therefore .05 would be an overly broad standard.

Without getting into whether the BAC should or should not be lowered, this article looks at the reality of the recommendation.

The NTSB Does Not Have Lawmaking Authority

The National Transportation Safety Board does not make any actual laws regarding DUI at the Federal or the State level.  The National Transportation Safety Board is an independent federal agency created by Congress and is responsible for investigating aviation accidents, as well as significant railroad, highway, marine and pipeline accidents. The NTSB also conducts studies on transportation safety.  The .05 BAC recommendation is only a recommendation, not a pronouncement of law.

John Breakfield is an experienced Northeast Georgia DUI Defense Attorney and is dedicated to protecting your rights. If you have been charged with a Georgia DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

The National Transportation Safety Board makes the recommendation that the legal BAC level be .05 instead of the current level of .08. Lowering the legal limit would reduce the number of deaths and injuries from drunk drinking and save lives.

The NTSB is sometimes confused with the National Highway Traffic Safety Administration (NHTSA). NHTSA is part of the Department of Transportation and is part of the Executive Branch of the Federal Government.  The NHTSA was created in 1970 to specifically address highway safety.  As mentioned above, NTSB was created by Congress and deals with many aspects of transportation.

The NTSB is more of an advisory part of the equation and NHSTA is more of a detailed research and implementation part.

Almost All DUI’s are a State Law Issue, Not a Federal Law Issue

Each individual State regulates almost all Driving Under the Influence incidents.  Federal Law on DUI (which is still .08) only applies when on Federal Property (Parks, Military Installations, etc.)  So, each individual State would need to adopt a new BAC level through their own legislative process as applied to that single State.

It was not until 2001 that the Georgia Law for DUI for an automobile BAC went from .10 to .08.  Georgia’s reduction was largely in response to a change in Federal Law in 2000 that would have cut off a portion of highway funds to those States not at the .08 BAC level.

Prior Recommendation of No Cell Phones

NTSB has a history of making headlines and raising awareness, but not necessarily actually changing State Laws.  In 2011, NTSB recommended that zero cell phone usage be allowed while driving.  While admirable, it is not realistic that Americans will allow their cellphones to be taken away while driving.

A Trend to .05 Not Likely

There may be a few States that adopt the .05 BAC standard.  However, it is highly unlikely that .05 will be the national standard anytime in the next 20 years.  Likewise, Georgia was one of the last .10 to .08 holdouts, so it would be likely that Georgia would be one of the last to go to .05 if that trend were to start.

Enhanced Punishment for Over .15 Trend?

Buried in the headlines was the NTSB’s reminder that drivers with BAC’s of .15 or higher are a serious danger to the community.  It is more likely that there would be uniformity in pushing for higher mandatory penalties for those over .15 BAC than the lowering of the BAC to .05.  It is realistic to see a .15 defendant be required to be treated more harshly than a .08 defendant via more jail time, higher fines and/ or more alcohol treatment.

Conclusion:  Awareness is Good, Likelihood is Low

Everyone is in favor of safer roads and less drunk drivers, so a discussion on the topic of DUI that raises awareness is always good.  Just getting people to talk about DUI and potentially think twice before getting behind the wheel while impaired may save lives.  However, the likelihood of .05 becoming the national standard anytime soon is very unlikely from a practical standpoint.

 

At Breakfield & Associates, Attorneys, our Georgia Lawyers welcome any questions about safety and DUI laws.  Please Call or Email us about any questions you may have.  Your initial consultation is free and confidential.

 

About the author:  John Breakfield is a  Georgia DUI and Injury Lawyer and handles various legal matters including DUI / DWIBUIAccident & Injury and other Georgia Criminal Defense matters.   The law office of Breakfield & Associates, Attorneys, can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County (Jefferson), White County (Cleveland), Lumpkin County (Dahlonega), Gwinnett County (Buford, Sugar Hill, Lawrenceville), Dawson County (Dawsonville) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal or safety advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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There are many factors to consider when thinking about hiring a DUI attorney.  The  long term consequences of a drunk driving conviction are massive long-term increases in car insurance, potential loss of employment, and a serious criminal record.  Additionally, a DUI conviction can result in the immediate punishments of jail time, heavy fines, probation and required alcohol treatment.

Anthill:  When you are arrested and charged with DUI you may not know if the arrest contains legal errors or is legally sound.  This is similar to the anthill analogy: when you knock over an anthill you do not know if there will be thousands of ants ready to bite you or just a mound of dust.  An attorney can help you determine if your case is full of ants or simply dust.

Attorney Advantages:  An attorney will ensure law enforcement officers followed the proper protocol for analyzing the blood sample if one was taken.  In some cases, you may not even know whether the blood sample was sent to the lab, if it was lost or what the results are.   An attorney will work hard to ensure the results from the blood sample are received as soon as possible.  If you hire an attorney, even for a first time DUI, your attorney will look at the case and help you understand what you may or may not be facing.

Negotiations:  Attorneys are often given the courtesy of negotiating with a prosecutor before a case goes to court.  It is very important to have a lawyer discuss the case with the prosecutor.   Generally speaking, it is very likely someone who is not represented by an attorney will not have access or the opportunity to speak to the prosecutor.  Most lawyers can go in and speak to the prosecutor before the case and this is very important so that you can learn what the pitfalls may or may not be for either side.  Speaking with the prosecutor, before the case goes to court, provides an indication of what the result is likely to be at trial.  This helps the client make an informed decision about whether to accept a plea deal or take their case to trial.

 

 

DUI Attorney in Northeast Georgia

Hiring an experienced DUI lawyer can be very helpful, rather than attempting to navigate your way through the court system, with such issues as plea bargain details and complex administration procedures.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and Georgia DUI laws.  Please Call or Email us about any questions you may have about GA DUI laws in Georgia and please remember your initial consultation is free of charge.

About the authors:  John Breakfield is a Georgia Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles various DUI / DWIMarijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

 


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Hall County State Court DUI, BUI and Speeding Ticket Lawyer, John Breakfield, is an experienced Georgia Criminal Defense Attorney dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

The Hall County Georgia Courthouse is located at 225 Green St., SE Gainesville, GA 30501.

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Hall County State Court is the Court that handles misdemeanor violations (DUI, speeding tickets, marijuana, etc.) that occur in Hall County, Georgia.  Hall County State Court is located on the first floor of the Hall County Courthouse in Gainesville, Georgia.

Just off I-985, Hall County, Georgia is consistently ranked as one of the fastest growing and most desirable communities in the United States.  We know this to be true, because we live and work here.

Along with the many recreational, boating, shopping, eating and drinking opportunities, there are also some citations from the Hall County Sheriff’s Office and the Georgia State Patrol.

Hall County State Court handles Driving Under the Influence (DUI), Boating Under the Influence (BUI), Speeding Tickets, Traffic Tickets, Simple Battery/ Battery, Shoplifting and many other criminal misdemeanor matters.  Hall County State Court is run by three full-time judges and a full-time elected prosecutor with full-time assistant prosecutors and full-time staff.

Hall County State Court DUI, BUI and Speeding Ticket Lawyer, John Breakfield, is an experienced Georgia Criminal Defense Attorney dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

Lake Lanier is a popular destination for boaters and water sports in Georgia. New Georgia Law sets the blood-alcohol limit at .08 for boaters, the same for Georgia drivers on the road.

Mr. Breakfield lives in Hall County, so we know where to find the courthouse and we know who to talk to when we get there.  Hiring an Atlanta Lawyer may be fine for some, but our clients like our local knowledge and experience.  If you would like a local lawyer to help you with your ticket in Hall County State Court, please review our practice areas below and please Contact Us.

DUI: Driving Under the Influence: Hall County has many quality eating and drinking establishments, as well as its location near I-985 and Lake Lanier, make for a fair amount of Driving Under the Influence arrests by local law enforcement.  Georgia’s DUI Laws are tough and have long-term ramifications.  A Georgia DUI Lawyer that can challenge the stopping of the car, the police procedures used and the BAC results.  Having a lawyer helps clarify the issues that can be fought over and potentially won.

Hall County State Court DUI, BUI and Speeding Ticket Lawyer, John Breakfield, is an experienced Georgia Criminal Defense Attorney dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

State Court is on the first floor of the Hall County Courthouse and handles misdemeanor violations (DUI, speeding tickets, marijuana, etc.).

Marijuana Possession: Marijuana is still a serious matter in Hall County, Georgia.  A conviction can result in a license suspension, fines, probation and potential jail time.  A lawyer can help review the case and either seek alternative sentencing that can save a license or challenge the case in court by attacking the vehicle stop, the procedures used by police, and the testing done.

Traffic Tickets/ Speeding Tickets:  A speeding ticket or other traffic citation can cost large amounts of money, and the additional effects on insurance and driver’s license points can make the matter even worse.  Sometimes a lawyer can get the fines and/ or the charges lowered just by letting the State Court prosecutor know that the ticket may become a contested trial or legal hearing.

With the Hall County Georgia criminal defense lawyers at Breakfield & Associates, Attorneys, you can rest assured that your Speeding Ticket, DUI, or Shoplifting case is in the right hands.

Hall County State Court DUI, BUI and Speeding Ticket Lawyer, John Breakfield, is an experienced Georgia Criminal Defense Attorney dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

Memorial paying tribute to Superior Court Judge A. Richard Kenyon located in the center of Kenyon Plaza just outside the Hall County Courthouse in Gainesville, Georgia.

For more information on Breakfield & Associates, Attorneys’ Georgia criminal defense services, please contact our office today.

Our Georgia Criminal Defense Attorneys welcome any questions about Hall County State Court matters, Criminal Defense, and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors:  John Breakfield is a North Georgia Lawyer with Breakfield & Associates, Attorneys in Hall County, Georgia and handle various DUI / DWIMarijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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Helen Municipal Court is located in Helen City Hall.  In White County, Georgia, The City of Helen is a popular tourist destination due to its beautiful mountains and the alpine themed architecture.  Helen, Georgia has many outdoor activities, sightseeing, shopping, eating and drinking opportunities, including the extremely popular Oktoberfest / Octoberfest that attracts thousands of visitors.  The Helen Police Department also has an alpine theme with the usage of the German polizei for police.

Helen Georgia Speeding Ticket & DUI Lawyer, John Breakfield, is an experienced Criminal Defense Attorney and is dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

The German style alpine village is a popular tourist destination which features a variety of eateries, entertainment and shopping.

 

Helen Municipal Court handles Speeding Tickets, Driving Under the Influence (DUI) charges, Traffic Tickets, Shoplifting arrests, other misdemeanor matters and local ordinance violations.  Helen Municipal Court is run by a part-time judge and a part-time prosecutor.

Helen Georgia Speeding Ticket & DUI Lawyer, John Breakfield, is an experienced Criminal Defense Attorney and is dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

Helen, Georgia City Hall and Police Department, located at 25 Alpenrosen Strasse HELEN, GA, 30545.

Mr. Breakfield has frequently visited Helen as a tourist and a lawyer.  We know where to find the courthouse and we know who to talk to when we get there.  If you would like a lawyer to help you with your ticket in Helen Municipal Court, please review our practice areas below and please Contact Us.

DUI: Driving Under the Influence: Due to Helen having Octoberfest/ Oktoberfest, as well as many tourists during the rest of the year, there are a fair amount of Driving Under the Influence arrests by local law enforcement.  Georgia’s DUI Laws are tough and have long-term ramifications.  A Georgia DUI Lawyer can challenge the stopping of the car, the police procedures used and the BAC results that could help win your case.  Having a DUI Lawyer for your DUI charge helps clarify the issues that the prosecution may or may not be able to prove in court.

Helen Georgia Speeding Ticket & DUI Lawyer, John Breakfield, is an experienced Criminal Defense Attorney and is dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

The City of Helen Municipal Complex houses Traffic Court, the Police Department and City Hall.

Marijuana Possession: Marijuana is still a serious matter in Georgia.  A conviction can result in a license suspension, fines, probation and potential jail time.  A lawyer can help review the case and either seek alternative sentencing that can save a license or challenge the case in court by attacking the vehicle stop, the procedures used by police, and the testing done.

Traffic Tickets/ Speeding Tickets:  A speeding ticket or other traffic citation can cost large amounts of money, and the additional effects on insurance and driver license points can make the matter even worse.  Sometimes a lawyer can get the fines and/ or the charges lowered just by letting the prosecutor know that the ticket may become a contested trial or legal hearing.  Additionally, many tourists do not want to return to Helen to simply fight over a ticket.  Sometimes a lawyer can appear on the client’s behalf to enter a favorably negotiated plea.

Helen Georgia Speeding Ticket & DUI Lawyer, John Breakfield, is an experienced Criminal Defense Attorney and is dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

City Hall of Helen, Georgia.

With the local Georgia criminal defense lawyers at Breakfield & Associates, Attorneys, you can be rest assured that your Speeding Ticket, DUI, or other citation is in the right hands.

For more information on Breakfield & Associates, Attorneys’ Georgia criminal defense services, please contact our office today.

Our Georgia Criminal Defense Attorneys welcome any questions about Oakwood Municipal Court, Criminal Defense, and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

Helen Georgia Speeding Ticket & DUI Lawyer, John Breakfield, is an experienced Criminal Defense Attorney and is dedicated to protecting your rights. If you have received a traffic citation or DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

The City of Helen, Georgia is located on the Chattahoochee River in White County and is just a short drive from Hall County.

About the authors:  John Breakfield is a North Georgia Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles various DUI / DWIMarijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Hall County (Gainesville, Oakwood, Flowery Branch), and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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If you are planning on going to Helen for Oktoberfest, usually held from the end of September through the end of October, you are going to be one of thousands that will be there.  As a result of that, law enforcement is going to be out in full force in the area surrounding Helen and Oktoberfest.  They are going to be looking for the following activities:

1. Driving under the influence of alcohol or drugs (DUI), Open container and/or speeding.

2. Any number of traffic violations due to the increased traffic. It is very important that you maintain speed, make approporiate decisions about who is driving and what condition the person is in when they are driving.

3. Underage drinking.  It is important to know that being in possession of alcohol, driving under the influence, or using false identification can not only result in a loss of a drivers license but also result in serious penalties, fines and legal fees.  A person can be arrested for possessing alcohol under 21 even if that person does not have a drink in hand, just having it on the breath or in the blood content can be sufficient to be found guilty.

Helen, Georgia DUI Lawyer, John Breakfield, is an experienced Helen, DUI Criminal Defense Attorney and is dedicated to protecting your rights. If you have been charged with a DUI we can help. Please call Breakfield & Associates, Attorneys 770-783-5296. http://www.gainesvillegalawyer.com

The City of Helen is located in White County, approximately 30 miles from Hall County, Georgia. It is a popular destination for locals and tourists alike. During September, October and November many people travel to Helen, which resembles a Bavarian alpine town, to celebrate Oktoberfest. Contact us today: www.gainesvillegalawyer.com

This is Helen, Georgia’s largest celebration of the entire year and we do not want to deter people from visiting Helen, GA during Oktoberfest.  The festival serves up delicious German food, a large variety of musical entertainment and of course a near endless supply of Beer.  It is a very fun and popular destination no matter what time of year someone visits, but we hope that everyone will be better informed about the increase in law enforcement that this festival brings.

Our Georgia DUI Attorneys welcome any questions about Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors John Breakfield is a Georgia Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles various DUI / DWIMarijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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One of the popular things to do in the fall, is to go to Oktoberfest with friends and family.  Along with Oktoberfest comes the beer drinking and eating a lot of German food.  It is a popular destination for college students, but some are not of drinking age and law enforcement officers are definitely mindful of that.

Helen, Georgia DUI Lawyer, John Breakfield, is an experienced Helen, DUI Criminal Defense Attorney and is dedicated to protecting your rights. If you have been charged with a DUI we can help. Please call Breakfield & Associates, Attorneys today at 770-783-5296. http://www.gainesvillegalawyer.com

Helen Georgia DUI Attorney discusses a driving under the influence arrest during Oktoberfest. Contact us today: www.gainesvillegalawyer.com

With the beer drinking, it is very important to remember that a festival goer is still under the obligation to not drink and drive.  Before coming to Helen, it is a good idea that people make plans to have a designated driver or a place to stay for the night.  It is very easy to get wrapped up in the activities and forget to have a plan.  It is also very important to remember that law enforcement is well aware of what is going on at Oktoberfest.  They will be on the look out for underage drinking and various acts of suspicious behavior.  Outside of Helen, you can be pretty sure that there will be an increase presence of law enforcement including roadblocks, looking for DUI offenders and alcohol possession by a minor, to make sure that the public is safe during this annual fall festival.

We do not want to deter people from visiting Helen, GA during Oktoberfest.  It is a very fun and popular destination for any time of the year, but we hope that you will be better informed about the increase in law enforcement and the danger of being arrested for a DUI.

Our Georgia DUI Attorneys welcome any questions about Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors John Breakfield is a  North Georgia Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles various DUI / DWIMarijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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On a Limited Permit after a Georgia DUI conviction or plea, the judge may sign an Affidavit of First Conviction.  This document can be taken to the Department of Driver Services (DDS) /DMV to get a Limited Permit Georgia driver’s license.  This does not mean that one can drive to get this permit, since the license becomes automatically suspended upon conviction or plea.  As far as a Limited Permit, remember these points:

1. A driver is allowed to go to and from work and/or school, but is NOT allowed to drive to restaurants, sporting events or other similar types of occasions.  If you are driving outside of the designated areas or times, you could be arrested and charged with driving on a suspended license.

2. It is very important that communication occur between the driver and DDS about what can and cannot be done with a Limited Permit.

Our Georgia DUI Attorneys welcome any questions about Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authorJohn Breakfield  is a Georgia Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles various DUI / DWIMarijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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When a person is suspected of DUI, an officer will ask the person to submit to sobriety testing. Submitting to these roadside sobriety tests during a traffic stop are the driver’s option, but refusing does come with its own consequences.

Here are a few reasons why drivers refuse the drunk driving tests:

1. The Feeling of Against One’s Civil Rights: Some people believe that submitting to roadside tests violates their civil liberties. Therefore, they feel that it is their right to refuse.

2. Evidence Against You: It is also felt that by submitting to these tests, you are providing the State with evidence against you for which they would not be entitled.

3. Consequences of Refusal: If a person refuses to submit to these roadside sobriety tests and the officer feels that the person is under the influence, then the officer will very likely not take any chances and will arrest the driver. If the driver refuses the Blood, Breath or Urine Test, then, they likely will have their license suspended for refusing to comply with the “Implied Consent” law.  Additionally, the jury will hear about the refusal.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and Georgia DUI laws.  Please Call or Email us about any questions you may have about GA DUI laws in Georgia and please remember your initial consultation is free of charge.

About the authorJohn Breakfield  is a Georgia Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles various DUI / DWIMarijuana Arrests and other GeorgiaCriminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

 


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Many times, in social settings and in our professional life, we are asked the penalties that could occur if someone drinks and drives.  That question focuses on the DUI aspect of a case, but forgets about other more serious consequences of DUI.

For any DUI event, the worst case scenario is when a life is lost and the driver is arrested for vehicular homicide.  (Some jurisdictions are pursuing murder charges for repeat offenders.) What may start out as a driving driving while impaired, could turn into serious felony charges.

1. Possible DUI Related Charges: If someone is driving under the influence and an injury or death occurs the other types of charges could be Serious injury by Vehicle or Vehicular Homicide.

2. Worst Case DUI Scenario, Vehicular Homicide: Whereas with just the DUI, you were looking at a couple of days in jail and some other penalties.  Now in addition to that, you are also facing several years in prison as a result of that felony.

3.  Search and Seizure Rights: If a serious injury by vehicle or vehicular homicide is being investigated, law enforcement has broader powers in their efforts to obtain blood, breath or urine samples.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential.

About the authorJohn Breakfield  is a Georgia Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles various DUI / DWIMarijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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Labor Day is the time for the Georgia Governor’s Office of Highway Safety’s initiative of “Hands Across the Border” DUI Enforcement Crackdown.  This campaign has three major aspects to it:

1. Public Relations: The Hands Across the Border Initiative involves Georgia and its neighboring states of Florida, Alabama, Tennessee, North Carolina and South carolina. Law Enforcement from these states will meet at Welcome Centers along the borders of Georgia and shake hands. This is a symbolic gesture of a unified commitment to crackdown on DUI. In Georgia, it is also known as “Operation Zero Tolerance.”

2. Safety: With the Labor Day Holiday Weekend, the interstates and highways are at some of their busiest in terms of traffic. Increased police presence should increase traffic safety, but will also increase the likelihood of police-citizen encounters.

3. Increased Enforcement: Law Enforcement will be out in full force as Labor Day also marks the end of Operation “100 Days of Summer HEAT”. Police will be monitoring roadways for speeding, aggressive driving, failing to use seat belts, failing to use proper child seats, DUI Alcohol, and DUI Drugs.

As part of “Hands Across the Border,” there will be an increased law enforcement presence at the state borders. For example, if you are at Lake Hartwell in South Carolina, and drive back across the border into Georgia, you will likely notice an increased police presence as you are leaving South Carolina and entering Georgia. Law Enforcement has been given a directive to flex their muscles this weekend which may also result in people being pulled over who might not normally be pulled over and law enforcement may arrest more than they might on other weekends.

Please have a safe and fun Labor Day Weekend!

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential.

About the authorJohn Breakfield  is a Georgia Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles various DUI / DWIMarijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

 

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