Suwanee GA DUI / DWI Blog

Monday, June 24, 2019

GA High Court Rules Refusal to Take Breathalyzer Cannot Be Used in Court

How has the Georgia Supreme Court’s ruling affected DUI defense?

Recently, the Georgia Supreme Court issued a critically important decision in the field of DUI law.  The Georgia high court held that a driver’s refusal to take a breathalyzer test cannot be admitted against the defendant in criminal court.  Previously, a driver’s refusal to take the test was commonly testified to in court as evidence of his or her guilt.  In reviewing the issue, the Supreme Court found that using a driver’s refusal to take the test against them was a violation of the Georgia Constitution’s rule against self-incrimination.  Further, the court reaffirmed a previous ruling holding that it is unconstitutional to force drivers to take a breathalyzer.
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Monday, May 27, 2019

How Many Drinks Does It Take for Your BAC to Exceed the Legal Limit?

In the state of Georgia, the legal blood alcohol limit is .08% if you are an adult over the age of 21 driving a non-commercial vehicle.  For minors under the age of 21, the legal limit is .02%, while commercial drivers will be considered intoxicated if their blood alcohol level exceeds .04%.
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Wednesday, May 22, 2019

What Happens During a Sobriety Checkpoint?

Most of us have probably seen a DUI checkpoint or watched as a terrified driver went through one in the movies.  Sobriety checkpoints are commonly set during popular holidays, early morning, and nighttime hours. Chances are you may be stopped as part of a routine DUI checkpoint at some point in your life, so it is important to be prepared and know your legal rights.  In the state of Georgia, sobriety checks are legal absent a warrant so long as they are based on suspicion concerning an individual driver and they are random. Our
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Monday, April 29, 2019

Challenging Field Sobriety Tests in Metro Atlanta

If you are stopped for DUI, the police may ask you to undergo a field sobriety test to determine whether you have been driving under the influence of drugs or alcohol. The results of the test could weigh heavily against you. With the help of an
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Friday, April 26, 2019

DUIs with Injuries

What penalties could I face if I injure someone while intoxicated?

Nationally, 29 people die in motor vehicle accidents involving an intoxicated driver each day, according to the Centers for Disease Control and Prevention.  Many more passengers and other drivers are injured by drunk drivers. Though none of us would set out to injure another person, the reality is that drunk driving accidents are common and often this type of accident will involve injuries to others.  Anyone who has been arrested for driving while intoxicated and injuring another in Georgia could face serious penalties. Our
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Thursday, March 14, 2019

Georgia Prepares to Handle Marijuana Based DUIs if the State Legalizes

Can I be charged with a DUI if a blood test reveals the presence of marijuana?

Marijuana has a long and storied history in America and across the world.  History reveals that cannabis has been grown in America dating back to the early colonial period.  Marijuana was first criminalized back in 1937 with the Marijuana Tax Act.  The Act imposed a tax on the sale, possession, or transfer of hemp products, allowing just industrial production to continue.  In 1970, the Controlled Substances Act launched the War on Drugs and marijuana became a Schedule 1 drug, with its possession, sale, or cultivation coming with harsh criminal penalties.
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Thursday, March 7, 2019

Diet Soda May Increase BAC Levels

How much might a diet soda with alcohol raise my blood alcohol content?

Sodas like Coke and Sprite have long been regarded as staple mixers with liquor.  Since the mid-1980s, diet beverages have become more popular than the traditional version of these soft drinks.  Nearly any bar that serves liquor will no doubt churn out many a beverage that includes a diet drink, from rum and Diet Coke to vodka and Sprite.  Unfortunately, what many people don’t realize is that by attempting to order a lower calorie alcohol beverage, you may be increasing your risk of a DUI.  Our Read more . . .

Friday, February 15, 2019

Investigations Following Your DUI Arrest

What evidence should be gathered in the aftermath of your DUI arrest?

The state will start investigating your DUI charge before your vehicle is ever formally pulled over.  When an officer spots your vehicle and becomes suspicious that you are driving while intoxicated, the case against you begins.  Your arresting officer will be carefully noting all evidence that points to intoxication.  This could start with your vehicle swerving and continue with a failed breathalyzer test or poor performance on the field sobriety tests.  Investigations will continue with more testing at the station house and potentially interrogations.

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Friday, February 8, 2019

3 Factors That Could Lead to a False Breathalyzer Reading

How might my diabetes influence a breathalyzer result?

If you are stopped on suspicion of a DUI in Georgia, you will be asked to perform a breathalyzer test.  Refusal to perform the breathalyzer test could result in suspension of your driver’s license, so many drivers will comply.  Breathalyzer tests are small devices used to estimate a driver’s blood alcohol content to assess whether it exceeds the legal limit of .08.  The breathalyzer has been around for some time, with the first prototype version known as the “drunkometer” used in 1931.
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Thursday, January 24, 2019

DUIs and Marijuana in Georgia

Can I be arrested for a DUI after using medical marijuana?

Marijuana, while still considered a controlled dangerous substance, has become more socially accepted across the United States in recent years.  Atlanta passed a measure to decriminalize marijuana.  The bill does not make marijuana legal, but it does give the Municipal Court the power to decline to put someone in jail or charge them if the person is arrested with a small amount of marijuana.  Further, Georgia has authorized the use of THC oil for qualified persons.  There are currently over 6,000 registered medical marijuana patients in the state.

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Thursday, January 17, 2019

DUIs Involving Prescriptions or Over-the-Counter Medications

Can I be found guilty of a DUI while driving on a medication legally prescribed to me?

Nearly half of all Americans will use at least one prescription medication on a daily basis, according to the Centers for Disease Control and Prevention data.  Prescription drugs come in many classes, some of which can impact your mental state.  Many drugs prescribed for anxiety, pain, sleeplessness, and depression could impair your perception and potentially your driving ability.  Georgia Driving Under the Influence laws hold that drivers can be found guilty of a DUI if they drive under the influence of even a prescription medication. Our Atlanta

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The Law Office of Carter Pilgrim Stroud is located in Suwanee, GA and serves Gwinnett County, Forsyth County, Cumming, Buford, Lawrenceville, Braselton, Alpharetta, Johns Creek, Duluth, Norcross, Hoschton, Jefferson, Commerce, Dawsonville, Gainesville, and other surrounding areas.

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3725 Lawrenceville-Suwanee Rd., Suite A-4, Suwanee, GA 30024
| Phone: 770-284-1319

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