georgia DUI laws

New Changes in Law as Result of SB100

Georgia SB 100, which was passed in this year’s legislative session, changes several laws which previously had provided mandatory license suspensions.  In particular, the offense of a minor in possession of alcohol and the offense of possession of drugs NO LONGER CARRY MANDATORY LICENSE SUSPENSIONS if they are not involved in a DUI.

mugshot (small)While these offenses no longer carry mandatory suspensions and will not be reported to the Department of Driver Services (DDS), it is important to note that they still remain on a person’s arrest record if the person was arrested and fingerprinted. As a result, it’s still important to hire an attorney to make sure that the correct plea is entered so the arrest record can be restricted.

Here is a summary of the changes:

  1. 3-3-23.1 Minor in Possession of Alcohol: Deletes paragraph 3; no longer results in driver’s license suspension. Also deletes the suspension under 40-5-57.1(a) relating to suspension for under age possession of alcohol.
  1. 40-5-22(d) allows DDS to issue limited permit under 40-5-64 if license has been suspended due to suspension in another state, if otherwise eligible for such a limited permit.
  1. No mandatory suspension for use of fraudulent or fictitious license under 40-5-54 (a)(6); or any felony violation of Article I, Chapter 9, Title 16, if such offense is related to an identification document as defined in 16-9-4.
  1. No suspension for drug convictions under 40-5-75 ; still suspended for DUI Drugs, although eligible for limited permit IF in Drug Court Program.
  1. No more license suspensions under 40-5-57.2(which is repealed), for conviction of driving off without paying for gas, 40-6-255.

 

SB 100 is just one example of how Georgia’s laws are constantly changing, and why it’s crucial to work with a traffic lawyer who specializes in your area of need and who stays up-to-date with all the new laws, decisions, and precedents while understanding the impact they have on your case. To discuss your case and how I may be able to help, schedule a consultation with me, Mickey G. Roberts.

Are You a First Time DUI Offender? Here’s What You Should Do Next

Your first DUI arrest can be an anxious time. You have just endured being arrested, handcuffed and taken to jail—probably not the fun time you imagined upon heading out for the night. If you are wondering what typically happens in your case, let Georgia DUI attorney Mickey Roberts lead you to the path of successfully dealing with DUIs when it’s your first time.

arrested for dui
First, it is important to hire an experienced DUI lawyer who has a reputation in the legal community as aggressively and successfully defending DUIs. It’s important to acquire a lawyer who also has long standing professional relationships with police officers, judges, and prosecutors.

When you were arrested for DUI, you should receive a citation for your DUI charges which will have your initial court date on it. You may also have received a “1205 form”, which is a 30 day permit to drive and is also notice that the State will try to suspend your license BEFORE your court date.

Once you have hired an experienced lawyer, a “10 day” letter will be sent to Driver’s Services immediately, which will keep your license valid past the first 30 day period. Additionally, an “open records request” to the State will be sent, requesting all of the evidence they have that relates to your case. Once the evidence is received, a report which outlines any possible defenses and the recommendations on how to proceed with your case will be sent. The initial goal of your lawyer is to look for any possible means to win your case, giving you enough information upon which you can make an informed decision on how to proceed.

At some point in time you’ll be given several options, which will include pleading guilty, pleading to a “lesser offense”, or fighting your case with either a bench or jury trial.  Mickey Roberts can help you make a decision by also providing you with information relative to license suspension, possible sentence and possible ramifications with changes to your driving record and license, insurance, employment loss.

Not only can hiring a qualified, knowledgeable DUI attorney be beneficial to winning your case, it can also make the process less confusing. If you are arrested for DUI or other serious traffic matters, contact MrGaDUI today. Also be sure to follow Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

The Problem with Breathalyzers

As we approach the holiday season, parties and alcohol will be as equally present as the increased law enforcement on the road. While it is always the best choice to have a designated driver to take you to and from your festivities, some people choose to drive after having a drink or two. In many cases, taking the precaution of limiting yourself to minimal alcohol leaves you safely under the legal limit. However, Georgia DUI lawyer Mickey Roberts often explains to his clients that if you are stopped and tested by a breathalyzer, you may be accused of drinking far more. How does this happen, and how can you stop it?



mouth alcohol breathalyzer

As part of the 4 simple rules to remember when stopped by the police to avoid DUI, remember not to submit to any voluntary roadside field sobriety evaluations—breathalyzers included.

In fact, it is advised not to take any state tests if you are arrested, especially if you believe you might be over the legal limit of .08. Unfortunately, even if you do not believe you are over the limit, a breathalyzer may show a very different, incriminating result.




The problem with breathalyzers is the false reading sometimes caused by mouth alcohol. When a breathalyzer analyzes your breath for blood alcohol concentration (BAC), the internal computer believes it is reading from air exhaled from deep within the lungs, also known as alveolar air. However, if your last sip of alcohol was recent, the sample very well may come from your mouth or throat. Even if a very small amount remains, the breathalyzer will report a very high BAC.




Another reason the breathalyzer may report higher than accurate numbers is if the DUI suspect has recently belched or is affected by acid reflux, causing what could be alcohol-filled liquids and gases of the stomach to rise into the esophagus and mouth’s soft tissue, where it remains until it is dissipated by saliva. The action of saliva rinsing the mouth and tissues of alcohol takes roughly 15-20 minutes. An additional cause of inaccurate breathalyzer reading is the usage of mouthwash or breath freshener, which you may be better off not using if you are attempting to cover up the smell of alcohol after consumption. Also, if you have dental work or removable components such as dentures, you are subject to much longer periods of holding high mouth alcohol.




To elude the mouth alcohol problem, it is best to stop drinking—even at minimal levels—hours before driving. To avoid DUI, it is best to always have a designated driver on hand to exacerbate the risk altogether.  If you need DUI help, please Contact MRGADUI  today.  Be sure to follow MrGaDUI on FacebookTwitter and Google+ for more information on Georgia DUI laws.

Rates of Female DUI Increase throughout the Last Decade

A recent study published by The Century Council and the Traffic Injury Research Foundation shows that the number of females arrested for driving under the influence of alcohol has increased 36% over a decade. The report, which will be available in full later this month, states that while men are often seen as the primary offenders in drunk driving cases, the number of women involved has increased steadily since 1980 and was up 29% from 1997 to 2007.

Researchers examining the phenomenon offer various explanations for this spike in female DUI statistics. One theory is that more women are drinking and then driving than in past years. Some researchers believe that the spike in women’s arrests is due to changes in the legal system including fewer male arrests and changes to the DUI law enforcement policy that bring more attention to women whose blood alcohol content levels are more affected by alcohol consumption.

The study indicated, More

4 Simple Rules Explained: Rule 2

mrgaduiRule 2 is: DON’T SUBMIT TO ANY ROADSIDE FIELD SOBRIETY TESTS

Once the officer has asked you to step out of your car, he is going to then ask if you would mind doing some “field sobriety tests.” Sometimes the officer will phrase it this way: “Do you mind taking some roadside evaluations to make sure you are ok to drive?”

My experience is that MOST people agree to take the roadside evaluations because they believe that by More

Why Every DUI Arrest should be Aggressively Defended

This past week I had 2 cases that exemplified why every DUI arrest must be aggressively defended. By that, I mean that a qualified, experienced DUI attorney should look at both the Defendant’s evidence and  the State’s evidence before making a decision to plead guilty.  A guilty plea to a DUI stays on your criminal record and driving record for life, and carries not only a social stigma but can  prevent a person from obtaining employment.

Case 1: Client supposedly backed into a car in the parking lot of a bar, although there was no damage to either car. My client suffers from anxiety disorder which causes her to vomit when placed under stressful situations. The police officer reported that my client’s speech was slurred, that she was unsteady on her feet, and that she had vomited in her car. Additionally, his report said she refused to do any field tests and refused the State breath test. The prosecutor would not dismiss or reduce the case, so we set the case down for a bench trial. By fully investigating the case, I learned that even though my client did originally refuse the State breath test, at the jail she told the sheriff’s deputy that she would take the test, but the arresting officer refused to let her take the test, violating the law. The arresting officer failed to put that in his report, however. By having the sheriff’s deputy appear and tell the prosecutor what had happened, the prosecutor agreed to dismiss the DUI. This was extremely important to my client as she was an employee for a public school system.

Case 2:  Client was involved in a one car accident when a deer ran in front of him. No one witnessed the accident. He called his girlfriend to pick him up from the scene. About an hour later, Suwanee Police showed up at his house, had him perform field tests, arrested him for DUI, and he agreed to a State breath test, which registered .14. However, the client, as well as his girlfriend, both testified that the client had drank after arriving home. In addition the breath test was administered more than 3 hours after the accident. The State eventually agreed to dismiss and reduce to reckless driving. At first glance, it would have appeared to be an impossible case to defend, with the accident, performance on field tests, and a .14 breath test.

So next time you hear someone say that they were arrested for DUI and are planning on pleading guilty without talking to a DUI lawyer, try to convince them to call me!

One Bad Decision Causes Harsh Consequences for Atlanta DUI Woman

atlanta dui consequencesLinda Lisska McJunkin had it all, and in a split second it was gone.  A well-known high school and college athlete with two degrees from Georgia Tech, a loving family, and a brand new real estate license to top it all off, Linda made a single bad decision in October 2004 that affected every decision she’d made prior.  After consuming four drinks out celebrating with friends, Linda drove drunk into head-on traffic and took two lives. Pleading guilty on two counts of vehicular homicide in Atlanta, she was sentenced to serve 15 years in prison. Released recently on parole for good behavior, she’ll spend the remainder of the 10 years on parole and 5 years remaining on probation.




Last month, Linda spoke publicly, for the first time since she was released from state prison, to a group of GA Tech student-athletes.  In a word, Linda could be described as humbled. The AJC quoted her saying, “I don’t think there’s a part of me that isn’t different.”  With college diplomas and real estate license in one hand and felony charge in the other, Linda now works retail for hourly wages.




As an Atlanta DUI lawyer, I hear stories just like this one all too often. When you hear a story like this on the news, it’s natural to think the worst of the driver who drove drunk and killed people. It’s devastating.  In no way am I defending Linda or saying what she did was right.  The point I’m trying to make is that before that October night, Linda was a regular person.  Just like you.  Just like me. She had everything going for her.  After a night out with friends, her main concern (consider it selfish or human nature) was getting home because she had to work the following morning.  She didn’t think about what could happen in response to her DUI in Atlanta; she really didn’t think at all.




People make the same mistake Linda made daily; the only difference is that Linda didn’t get away with it like so many others do. Drunk drivers get behind the wheel thinking they’ll be fine, they’re just going right down the road, and it’s no big deal.  Just ask Linda, vehicular homicide is a huge deal, which means even driving “tipsy” is a big deal.  So next time you consider driving, even just the least bit impaired, think about Linda’s story.  Think about Linda’s daughter and the years of her life that Linda missed while she was in prison.  Think about the two families who lost their sons in the accident.  Just think.




For more information on me, Mickey Roberts or MR GA DUI, visit my website and keep reading the blog.

Case of the Year 2010

2010’s Case of the Year was one of  45 wins out of 76 total disposed cases, which also included 0 guilty verdicts.  It just goes to show that an aggressive defense is the best offense when charged with a serious traffic offense such as DUI. More