In most DUI cases, an individual who is injured as a result of another driver’s actions will seek to hold the drunk driver liable for the damages that occurred.  While only jail time and other punishments can be sought in the criminal context, civil claims...

When faced with the decision of whether to agree to participate in state administered alcohol testing following an arrest for DUI at a traffic stop, drivers have many factors to consider. A refusal to cooperate can be used against them in DUI proceedings and can result in...

Issues of illegal searches and seizures under the Fourth Amendment arise frequently in DUI cases. Individuals may be improperly stopped by police officers, or the search of a driver and his or her vehicle may exceed the scope of the traffic stop. Police officers may...

Many DUI cases arise out of traffic stops conducted by police when they have a reasonable suspicion to believe that a driver may be intoxicated. Under federal law, a stop is a constitutional seizure as long as police have a reason to believe that a...

It is a fundamental tenet of a criminal defendant’s rights that a defendant cannot be tried or punished twice for the same crimes. Once a defendant is tried and convicted for a crime, or otherwise punished via a plea deal or remedies outside the courtroom,...

The United States Constitution affords criminal defendants many types of protections during criminal proceedings. As previously discussed, defendants are entitled to constitutional searches and seizures, to have evidence excluded when it does not meet such requirements, and to receive Miranda warnings once they are in the custody...

While the various tests employed to evaluate whether a driver is intoxicated have become quite routine over the years, discrepancies and irregularities, or simple mistakes, may still occur. Although mistakes may be understandable, this does not make the field sobriety tests inadmissible, and courts must evaluate...

As previously discussed on this blog, the Supreme Court has long held that police officers cannot obtain DUI blood test samples from a suspected drunken driver without a warrant, unless the officers obtain affirmative consent from the driver. Under Georgia law, this consent must be...

Under the United States Constitution, when an individual is placed into custody, he or she must be read Miranda warnings advising them of their constitutional rights prior to any questioning or interrogation. However, because Miranda warnings can be burdensome for law enforcement, and are not...

One of the most common ways that criminal defendants may attempt to avoid a DUI conviction is to challenge the validity or reliability of DUI testing results. Since DUI testing can be complicated and scientific, this typically requires the use of expert witnesses who can testify...