DUI
Georgia Drunk Driving Articles
Georgia Drunk Driving Articles, News and Information.
Budget Cuts Slow Processing of Georgia DUI Cases
State Crime Lab in Augusta has huge backlog due to cuts in operating budget.
Due to budget cuts and consolidation of forensic and medical examiners locations, The Georgia Bureau of Investigation crime lab in Augusta has been forced to service an additional five new counties. That brings the total number of counties under its jurisdiction to 19, straining blood testing at the lab. That in turn has affected the processing of evidence in cases of suspicion of driving under the influence in Georgia.
The average processing time for a blood test was four to five weeks before the additional caseload was assigned to the Augusta lab. Now the average is 12 weeks, with some cases taking as long as 25 weeks. Prosecutors can not proceed with cases of Georgia DUI without toxicology results and the criminal justice system has slowed dramatically.
The budget cuts that lead to the increased workload at the Augusta facility were due to a shortfall in state revenue that has been described as “the worst..ever seen.”
If you have been arrested for GA DUI you need to hire an experienced Georgia DUI Lawyer.
Grants Provided for Two Georgia DUI Programs: Nighthawks and ALS
Grant from the Georgia Governor will fund two State Patrol programs that target GA drunk driving: Nighthawks and ALS.
The Georgia State Patrol has received a grant from the Governor's Office of Highway Safety to fund two DUI related programs. One is the 'GSP Nighthawks' which focuses on drunk driving identification and enforcement and the other is an ALS initiative that helps officers provide testimony during driver's license suspension hearings. Both Georgia DUI programs were started in 2004, and the new funding assures to their continuation in the coming year.
GSP Nighthawks is a team of officers that has received specialized training in the identification of a suspected drunk driver. Nighthawk patrols focus on DUI enforcement in Fulton, Cobb, DeKalb, Gwinnett and Clayton Counties in the Atlanta metro area. The state troopers have arrested 679 motorists for drunk driving in Georgia so far in 2008. Last year the team made a total of 1,054 arrests for drunk driving. The Nighthawks Task Force has been recognized internationally as the best DUI enforcement initiative in North America.
The ALS program prepares troopers for license suspension hearings. Under Georgia DUI law the state may seek to administratively suspend a motorist's driver's license following an arrest for DUI. This is a separate action from the criminal DUI case which is addressed through the court system. The motorist is afforded the opportunity to challenge the suspension by requesting an Administrative License Suspension hearing. The Georgia State Patrol program provides training, legal assistance and even legal representation to officers for the hearing. The program also conducts research and helps with the filing of motions relevant to the license suspension.
Statistics indicate that one third of traffic fatalities in Georgia can be attributed to alcohol impairment. The objective of the GSP Nighthawk and ALS programs is to reduce that figure.
You should never drink and drive. Just because you have been arrested for drunk driving doesn't mean your guilty. If you have been charged with drunk driving in Georgia you will need to hire a DUI lawyer in Georgia that can represent you on your DUI criminal charge and your ALS hearing.
College Football Player Charged with Georgia DUI
University of Georgia player charged with drunk driving hours after game.
Brandon Wood, a backup defensive tackle with the University of Georgia Bulldogs football team, was arrested early Sunday morning for drunk driving in Athens, Georgia. Wood had played in the team’s win over Vanderbilt Saturday afternoon.
Wood said he was picking up his girlfriend and her friends from downtown Athens. He left his parking lights on while waiting and forgot to turn on his headlights during the drive back to east campus. After being stopped for driving while lights are required by campus police around 3:40 am Sunday morning, Wood was charged with driving under the influence in Georgia.
Head coach Mark Richt said that Wood, while 21 and of legal age to drink, made a “bad error in judgment”. The Georgia Athletic Association policy says that an athlete who commits a first-offense violation of alcohol rules will be suspended for 10% of the season. Wood, a red-shirt sophomore who has played in all seven of Georgia’s games this year, will not be playing in the upcoming game against LSU.
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New Law Increases Penalty for Georgia DUI
Legislation calls for felony charges for repeat offenders.
The General Assembly passed legislation earlier this year increasing the consequences for driving under the influence in Georgia. The new rule aims at severely penalizing repeat drunk driving offenders.
Starting July 1, a fourth arrest for Georgia DUI within 10 years will be filed as an automatic felony. The first two offenses will be misdemeanors and the third will be an aggravated misdemeanor with increased fines. If found guilty, a felony arrest can result in a jail sentence of one to five years.
First time offenders will also be affected by the new law. In addition to enrolling in a driving program, paying fines and completing community service, those charged with drinking and driving in Georgia must undergo an evaluation for alcohol abuse and attend a treatment program.
A state representative hopes the penalties will keep Georgia DUI offenders from making the mistake again.
If you have been arrested for drunk driving in Georgia you need a qualified GA DUI Lawyer.
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Driver in Dramatic Rescue Charged with DUI in Georgia
Atlanta man Richard Sissons had crashed through seventh floor parking garage barrier.
Yesterday the news media flashed images of a dramatic rescue taking place in Atlanta. Richard Sissons reportedly had passed out and crashed through the steel cables that created the edge barrier of a Buckhead area parking garage. Only a few cables were preventing Sissons’ Ford Taurus from dropping 200 feet to the street below. Inside the vehicle, Sissons was motionless after having hit his head on the steering wheel.
Firefighters first determined that Sissons was alive and then lowered a man upside down to break through the passenger window, enter the vehicle, place a harness around Sissons and lift him to safety. A fire captain said the rescue was “one for the history books”, as he reflected on the probability that the cables could have given way at any time or the car simply dislodged and fallen.
Sissons, 36, was taken to a nearby hospital and treated for a shoulder cut. He was determined to be intoxicated and was charged with Driving Under the Influence in Georgia and damage to property. Police suspect that Sissons was speeding in the parking structure before losing control and crashing through the cables.
Georgia Supreme Court Says NO to Blood Tests
By BILL RANKIN 10/6/03
Atlanta Journal-Constitution Staff Writer
The Georgia Supreme Court today declared unconstitutional a provision of the state DUI law that requires drivers involved in serious accidents to take blood tests.
The "implied consent" statute allows police to ask a driver involved in a serious accident to take a blood test, even when there is no indication the driver was intoxicated or impaired. A refusal to take the test results in a suspension of driver's license and can be used against the driver in court.
The provision applies only to accidents that result in fatalities and serious injuries, which can include broken bones or loss of consciousness.
Atlanta lawyer Bob Chestney said the decision will affect many cases and have far-reaching impact.
"It's a bright day for the Fourth Amendment in these days we're living in where it's too popular to think that security is more important than personal liberty," Chestney said. "It's refreshing to see our Supreme Court buck that trend. It's a victory for personal freedom from government intrusion."
The court's ruling does not affect another aspect of the DUI implied consent law, which requires drivers to submit to blood tests when an officer finds evidence a driver was intoxicated or impaired.
Chestney's client, Carey Don Cooper, was involved in a two-vehicle collision on Aug. 11, 2000, in Barrow County. During the crash, the driver of the pickup sustained a broken arm.
After a trooper read Cooper the implied consent notice, Cooper agreed to take a blood test, which found traces of cocaine. Cooper was convicted of the misdemeanor offense and appealed that he had been subjected to an illegal search.
In a unanimous ruling by Justice Harris Hines, the Georgia Supreme Court agreed.
"While the state's interest in guarding the welfare and safety of its citizens with the perils caused by intoxicated drivers is beyond dispute, it is clear that a primary purpose of [the implied consent law] is to gather evidence for criminal prosecution," Hines wrote.
"No matter how important that purpose may be, it does not create a special need to depart from the Fourth Amendment's requirement of probable cause; otherwise it could be argued that the state's interest in securing evidence in any situation of potentially serious conduct would justify dispensing with any finding of probable cause," Hines said.
Winder lawyer Billy Healan, who also represents Cooper, said his client faced a 15-day jail sentence, a $1,000 fine and a year on probation. Healan said that at Cooper's trial there was no evidence that his client was impaired.
"This is an important ruling," Healan said. "The police should have reason to believe someone is under the influence before being allowed to test them."
Georgia Implied Consent Ruling
State High Court Upholds DUI Law Along with Limits Pair of Cases Had Tested DoctrineOctober 4, 2005
ATLANTA -- The implied consent law which gives law enforcement officers power to require chemical tests of suspected drunken drivers in certain circumstances survived a challenge Monday before the Georgia Supreme Court.
But in a pair of related cases, consolidated into one ruling, the court made clear there are limits to that power.
Chemical tests can only be required if two conditions are met: an individual has been involved in a traffic accident resulting in serious injuries or deaths and the investigating officer has probable cause to believe the individual was under the influence of alcohol or drugs.
The decision was unanimous.
The court ruled two years ago that the implied consent law was unconstitutional to the extent it required a blood test regardless of whether an officer had probable cause to believe the driver was under the influence.
Monday's ruling resulted from new challenges filed by two men charged with driving under the influence after separate car crashes.
Lawyers for the state argued this summer that the Supreme Court's earlier ruling did not apply to the two men because police had probable cause to suspect both of drunken driving.
While leaving the implied consent law intact, the court's decision Monday produced different results for the two men challenging it.
In one, the court dismissed a claim that the defendant was not properly placed under arrest before his implied consent rights were read to him. The court said he had been injured in a traffic accident, the officer had probable cause to believe he was under the influence and no arrest was required.
In the other, however, there was no injury as defined by the law, even though there was probable cause for the investigator to believe he was drinking. His lawyers argued that his refusal to submit to a blood test should have been suppressed at trial because he was not arrested before his implied consent rights were read.
The Supreme Court agreed.
Georgia Beer - More Alcohol 14%
Georgia Beer Lovers to Get More AlcoholMicrobrews and International Concoctions to be Offered Along with Usual Lightweights
Story last updated at 6:55 a.m. Monday, June 21, 2004
Associated Press
ATLANTA--Beer in Georgia is about to get more kick.
The raising of the maximum beer-alcohol content from 6 percent to 14 percent means a new wave of microbrews and international beers will soon be for sale in the state, giving Georgians options beyond their usual lightweight brews.
"Beer has gotten a bad rap because of what we've been forced to drink the last 40 to 50 years," said Glen Sprouse, brewmaster at Five Seasons Brewing in Atlanta. "Maybe you haven't had a good beer before."
In a move supporters billed as a way to promote tourism, lawmakers passed a measure taking effect July 1 to make Georgia the nation's 42nd state to allow a higher beer-alcohol content. Of the holdouts that still limit beer strength, half are in the South: Alabama, Arkansas, North Carolina and South Carolina.
Georgia's beer lovers are delighted.
"The beers we really liked weren't available because of this law," said Ted Hull, a founding member of a group called Georgians for World Class Beer, which has pushed for reform since 1997. "We're very excited about it. It's been kind of a long road to get to this point."
Breweries are anticipating the influx of beers by holding tastings and parties.
Beers that will become available include homemade concoctions, those brewed by Trappist monks in Belgium and Indian pale ales.
The proposal to raise the beer-alcohol limit met resistance each of the last few years in the state Legislature. Some politicians were concerned teenagers would seek out beers with higher alcohol limits and people would get drunk faster and endanger roadways.
"The biggest concerns were adding to the number of DUIs and accidents related to alcohol that may kill somebody," said Rep. Craig Brock, R-Chatsworth, who voted against the bill. "It's been a hot issue."
But gourmet beer supporters say people don't drink these kinds of beverages to get drunk. They said these beers are more like sipping a fine wine or enjoying a piece of premium chocolate.
No one put up significant opposition to the legislation this year, not even Mothers Against Drunk Driving. At the same time, beer drinkers enlisted a few state representatives to help them and hired a lobbyist to persuade others.
"These beers have a very strong taste. It's an acquired taste," said Rep. Stephanie Stuckey Benfield, D-Decatur. "It appeals to a different kind of market."
To beer drinkers, the higher alcohol content won't be the appeal. They'll be drawn more to the wider variety of flavors available from stronger beers, Strouse said.
These beers have more aromatic, bitter and fruit-like tastes. Their alcohol contents range from just over 6 percent for Sierra Nevada to 10.2 percent for a beer like the trippel made by the Trappists.
They cost a few dollars more than regular beers because they're more expensive to brew. That could also make them unappealing to people just looking to get drunk, said Hull, a civil engineer and home brewer.
With the new law, the brewmaster for Athens-based Terrapin Beer Company, Brian Buckowski, is looking forward to making a mixture he calls the Big Hoppy Monster, a red ale with a taste of caramel and a citrus aroma with a 7.5 percent alcohol content.
"It opens a lot of doors to different styles of beers," Buckowski said.
Club Military Base Aimed at Reducing Georgia DUI
Fort Stewart opens club to curb drunk driving by soldiers
The lure of Savannah, Georgia, with its late night bars and dance clubs, meant potential trouble for the soldiers at Fort Stewart. An evening of fun the 45 mile return drive to the base could lead to a Georgia DUI or a drunk driving fatality. Commanders at the US Army post recognized the problem and decided to pursue a novel solution. They opened an on-base club.
$300,000 was spent converting a closed sports bar into Rocky’s, a bar and nightclub meant to compete with the party scene of Savannah. A DJ keeps the dance floor full with a loud sound system and synchronized lights. The main bar area has 18 flat-screen TVs and 10 video-game kiosks. There is also a mini-theater where patrons can watch DVDs on a 120-inch screen with surround-sound speakers.
Besides offering alcohol and dance, the commanders knew there was another necessary ingredient for the club’s success. They eased base access restrictions so civilians, especially women, could party at Rocky’s.
“We never want to glamorize alcohol, but we’ve got to be realistic about this,” said Garrison Commander Col. Todd Buchs, “If we know they’re going to drink, let’s provide a safe place for them to drink so we know they’re going to be alive the next morning.”
That concern is well founded, as traffic deaths among soldiers nationwide has risen 28 percent since soldiers began returning from the war in Iraq. Alcohol was involved in the deaths of at least seven of the 13 Fort Stewart soldiers killed in traffic accidents in 2006, Buchs said.
It has been nearly five months since Fort Stewart, home of the 19,000-soldier 3rd Infantry Division, has recorded a traffic death. Many consider Rocky’s, which opened last November, to be a contributing factor.
Georgia Issues Grants to Fight DUI Deaths
Georgia's Governor’s Office of Highway Safety announces DUI new grant programs
Revamp the curriculum of the program all teenagers under the age of 18 must pass before being issued a driver’s license.
Funding specialized traffic enforcement units that focus on drunk driving, aggressive driving and excessive speeding.
- Georgia Bureau of Investigation Crime Lab
General grant for the Forensic Sciences Toxicology Section, which provides support for law enforcement officers by analyzing evidence in suspected DUI cases.
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