DUI punishment

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Take a look at this interesting opinion piece from a blogger community who calls itself “The Discovering Alcoholic.”  The writer contends that the public at large does not necessarily benefit when state legislatures pass tougher and tougher DUI laws. Specifically he contends that when laws become punitive rather than preventative, the big picture goal of taking those with a drinking problem off the street is not achieved.

For example, the Discovering Alcoholic argues that to both require a DUI offender to attend classes and therapy while at the same time taking away his driver’s license may very well result in an embittered, unemployed and depressed person who might be likely to find himself arrested again. Instead, why not use current technology like ignition interlocks and transdermal perspiration monitoring bracelets with GPS monitoring to allow limited driving privileges with appropriate safeguards against drunk driving.

Do you think that the Discovering Alcoholic has a point? Will judges be persuaded by his logic?

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Hello, my 19 year old son was stopped last weekend in Fulton County and taken to jail. He has been charged with DUI, reckless driving, speeding and several other charges. I am scared to death that this mistake will follow him the rest of his life. Will this affect his college admission? job possibilities? What is the possible punishment?

Georgia DUI Blog asked Marietta DUI attorney Guy Sharpe to respond to this question.   Guy’s response: The maximum punishment for DUI, which is a misdemeanor, is one year in jail and a $1,000.00 fine. Usually plea negotiations result in the lesser included offenses being merged into the DUI, such as reckless driving, speeding and others. The DUI record will always be there, so it could affect your son’s ability to obtain certain kinds of employment and may affect his ability to get scholarships to go to school.

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I am scared to death. I drive a truck for a beer distributor (!) and I got a DUI about two weeks ago (I was not on the job but my employer has a rule that if I am convicted of a DUI, I get fired). Can you help me?

Response: Most people who drive trucks for a living have a CDL (commercial driver’s license), and depend on their license to earn a living. I have successfully represented numerous defendants with commercial driver’s licenses and can help you keep your license so you will not lose your job.

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I am 19 years old and was arrested for DUI. They didn’t take a blood test but I had been drinking some at a friend’s house.

Should I plead guilty? What’s the worst that can happen to me? Would you recommend that I ask for a trial?

Georgia DUI blog asked Marietta DUI lawyer Guy Sharpe to respond to this question.  Guy’s response: There are many factors to consider before you decide whether to take your case to trial or enter into plea negotiations. I will address some of the obvious.

  1. Do you feel that your actions when arrested will cause others to think you are under the influence? After all, some people are more easily affected by alcohol than others.
  2. Do you think you did well on the field sobriety tests? If yes, that’s good.
  3. Did you take a breath or blood alcohol test? If so, what was the reading. The threshold is .08 for over 21, but I have represented clients who scored as low as .02, which is 6 points under the limit. In that case, the cop was a cowboy and we got the case dismissed and record expunged.

Remember, the arrest is being recorded by video camera and much can be learned about the arrest and whether the cop followed his training when making the decision to arrest for DUI. The most important thing you can do is employ the services of an experienced DUI attorney.

I have personally been trained in the administration of Field Sobriety Evaluations and know how the cop is supposed to administer the test and the passing/fail threshold on each test. You would be supprised how many times the cops do not follow their training when administering the Field Sobriety Evaluations. If not done properly, and according to their training, you can get the evidence suppressed and ultimately have the charges dropped or reduced.