In an effort to avoid the inclusion of incriminating evidence at trial, many defendants seek to suppress the results of their breathalyzer or blood alcohol tests. While arguments can be made about the reliability of the test results or extenuating circumstances that affected testing, defendants often...

Constitutional concerns in DUI cases typically arise when an individual is asked to submit to a breathalyzer test or blood sample. But concerns about warrantless searches can also occur when law enforcement attempts to search the vehicle of an individual who is believed to be...

While the vast majority of DUIs arise due to alcohol consumption, drivers are also arrested for DUI drugs. These two types of DUIs are treated similarly by police officers and the courts, and chemical testing can be requested to detect alcohol or drugs, both prescription and illegal. In...

One of the biggest concerns that often arises for criminal defendants dealing with a DUI is whether the chemical test that they took, such as a breathalyzer test, was accurate and not contaminated. While defendants may seek to attack the results of a breathalyzer test...

As previously discussed on this blog, police seeking to take a DUI blood test of an individual believed to be intoxicated are required to obtain consent before proceeding with such tests, since the test itself constitutes a warrantless search. Without consent, a warrantless search is a...

As a general rule in criminal proceedings, evidence of a defendant’s bad acts, simply to show that the defendant has a “bad” character, are not admissible. Any evidence introduced to show a defendant’s prior misconduct must have some relevance to the current crime being tried....

Potential clients always ask, if there is not a video or the police officer forgot to activate his police cameras until later in the encounter does that mean that their case will be dismissed.  A recent ruling by the Georgia Court of Appeals discussed an issue of...

Under Georgia law, when drivers get repeat DUIs, they may be convicted of an additional crime of being a habitually impaired driver. This means that not only may a drunk driver be charged with a DUI, but based on his prior driving history, he may...

In Georgia, when a driver is stopped on suspicion of possible drunk driving, one of the first things that police officers may do is conduct a field sobriety test with the driver to determine whether there are any initial indications of intoxication. Field sobriety tests can include such...

The state of Georgia permits law enforcement officers to conduct police roadblocks for the purpose of preventing drunk driving, but it requires that the officers abide by very specific requirements when doing so. A police officer must be extra careful when administering DUI tests. Since an...