Welcome to the Georgia DUI Information Blog
"Your resource for Georgia DUI News and Information"
The laws on DUIs are ever-changing and each year, thousands of DUI cases are taken up on appeal across the nation. Many of these result in written opinions by judges that then become law. In addition, each new DUI or traffic-related offense in the news has the potential to cause changes in the law. These changes are the result of public reaction to serious car accidents and deaths on the roadways of the United States.
That is why Richard Lawson has developed this website; to provide you with 24-hour access to the latest updates on DUI laws and DUI related news. Our goal is to inform our clients and the general public about the latest news and legal decisions. Accordingly, we update our blog and the entire website daily. All of our articles are written by the Georgia DUI Lawyers that work for our firm or affiliates.
For instance, there has been a flurry of legal activity over the legality of roadblocks, in Georgia and across the nation. Seen as a minor intrusion by some courts and an unnecessary infringement upon Fourth Amendment rights by others, the matter seems far from settled. Roadblocks must be established in accordance with the United States and Georgia Constitutions. The police cannot simply have a roadblock any place or any time they want.
There also has been a rash of injuries and deaths on our roadways. The death or injury of any motorist is a tragedy, and as a result; our legislature reacts to the carnage on the road with new laws designed to curb accidents. That is why our laws change every year.
Another recent change in the law regards the 'Boating Under the Influence' legislation in the State. The Boating code was completely overhauled in 2013; attorneys who do not regularly practice DUI law might be unaware of the new changes to the law.
Knowledge is power, and this blog is designed to help you take the most updated information on your defense. It is our goal for you to use the wealth of information on this site; including the Georgia Information Blog, Resources, and Practice Areas pages to help you decide the best course of action in your DUI case.
Posted by Richard Lawson | Sep 30, 2016 |
When You Are a Hammer, Everything Looks Like a Nail:
The Georgia State Patrol has promised to step-up patrols this weekend, a warning that should surprise no one. During college football season, the GSP positions officers to intercept suspected DUI drivers.
The best way to avoid trouble is t...
Posted by Richard Lawson | Sep 17, 2016 |
Presently, if arrested for DUI in Georgia, you have ten business days to appeal the automatic suspension of your license or privilege to drive in Georgia (for non-residents). The new law changes the deadline to 30 days. I suspect, however, this will be changed before the law is supposed to go i...
Posted by Richard Lawson | Aug 30, 2016 |
DUI cases have become some of the most complex cases in the criminal justice system. There are numerous challenges that can be brought up from lack of probable cause for the initial stop to the testing procedures for blood samples. One of the defenses that can be used when charged with a DUI is a...
Posted by Richard Lawson | Aug 26, 2016 |
Two recent news articles caught my attention this week. According to the AJC, I-285 is not only the most dangerous in Georgia, but it is the most hazardous in the United States. The danger was measured by the number of deaths per mile. This is one record for which we in Georgia should not be pr...
Posted by Richard Lawson | Aug 20, 2016 |
I do not ordinarily report on daily DUI and traffic arrests, but today there is an inordinate amount of news today.
I woke up today to the new of a nine-vehicle crash in Henry County Georgia. Unfortunately, there has been a fatality, and all lanes of Interstate-75 were closed. The Georgia State ...
Posted by Richard Lawson | Aug 18, 2016 |
A recent survey has found that Georgia is the second toughest state insofar as DUI enforcement is concerned. As a Georgia DUI Lawyer, this is hardly a surprise.
The survey used criteria including penalties and prevention, although I question how "prevention" can be measured. According to the stu...
Posted by Richard Lawson | Aug 13, 2016 |
A Growing Divide Between the Police and Citizens:
Recently there has been a growing divide between the general public and those in law enforcement. There are thousands of videos online of police encounters, many of the videos show police officers involved having lost their way.
I support law e...
Posted by Richard Lawson | Apr 01, 2016 |
After your Georgia DUI Attorney files an appeal of your license suspension, the case will be set for an Administrative License Suspension (ALS) Hearing. Many of these hearings are settled by an agreement between the parties; however, for strategic reasons sometimes a hearing is necessary.
Keep ...
Posted by Richard Lawson | Mar 31, 2016 |
Yes, but with qualifications. When a person is on bond for a misdemeanor offense such as DUI, they are allowed to relocate, but must still make sure they do not miss any court appearances.
In a DUI case, there is both the criminal court date and the administrative license suspension (ALS) heari...
Posted by Richard Lawson | Mar 29, 2016 |
In real estate, the adage is "location, location, location." When a person is charged with a crime, the jurisdiction in which that case is being heard matters a great deal.
Very often adjacent counties will handle DUI cases entirely differently. Unfortunately, we Georgia DUI Lawyers cannot sel...
Posted by Richard Lawson | Mar 29, 2016 |
When a person chooses to plead guilty to a first-time DUI in Georgia or is found guilty, many times, they will qualify for a restricted license. The limited permit allows for driving to work, school, doctor's appointments (for the driver, not others), probation meetings, and anything else mandat...
Posted by Richard Lawson | Mar 28, 2016 |
Is Police Mistreatment a Defense to DUI?
It is, but only partially. When a person is charged with DUI, their case will be decided on its merits.
In a criminal case, there are three potential defenses; two are factual, and one is a legal defense.
Factual Defenses to DUI:
The first and most obv...
Posted by Richard Lawson | Mar 27, 2016 |
No. When the officer takes your driver's license, you should have been given either a DDS-1205 form or a 180-day permit. Many of my client's immediately try to get a new license to serve as identification, and that is illegal.
When a person goes the Georgia Department of Driver Services (DDS),...
Posted by Richard Lawson | Mar 26, 2016 |
In Georgia, any person convicted of DUI must attend DUI School, or what is technically called the "Risk Reduction Program." Many of my clients find the class informative and helpful. However, if a DUI School instructor gives you legal advice, make sure you consult with a qualified Georgia DUI L...
Posted by Richard Lawson | Mar 24, 2016 |
It is no secret that I think the drug war is really just a war on the poor and a war on people who are already doing a good job of messing up their own lives. However, we are now seeing more and more times when the police cannot even break down the door of the right home. The result when the po...
Posted by Richard Lawson | Mar 23, 2016 |
Coming back from Saint Patrick's Day weekend, I was curious as to how DUI statistics are affected by the holidays associated with alcohol consumption. Atlanta is known for the "green beer" drinking scene during St. Patrick's day. It was not surprising to find that St. Patrick's day was one of t...
Posted by Richard Lawson | Mar 22, 2016 |
When a person has been charged with DUI in Georgia, it is considered a favorable outcome to get the DUI reduced to "reckless driving." That being said, please understand that not every case qualifies for a reduction. To qualify the case must merit a reduction because there is either a legal or ...
Posted by Richard Lawson | Mar 21, 2016 |
When discussing a case with a potential client, I always ask why a person refused to submit to a breath test. There are several good reasons to refuse; however, there are many instances when agreeing to a breath test makes far more sense.
The most common reason people refuse a breath test is tha...
Posted by Richard Lawson | Mar 20, 2016 |
One of my favorite topics of discussion is new automobile technology and how it will change our lives. Today's technology already helps cars maintain their lane, avoid collisions, and protect occupants in the event of an accident. It is an exciting time. Children born today will probably not h...
Posted by Richard Lawson | Mar 19, 2016 |
There is a fundamental cost-benefit analysis anyone must do before deciding to contest their Georgia Traffic Ticket; because not everyone needs a Georgia Traffic Ticket Lawyer.
To begin with, unless a driver holds a CDL (commercial drivers license) our courts do not report traffic offenses wher...
Posted by Richard Lawson | Mar 18, 2016 |
The Georgia House of Representatives just passed House Bill 941 in a landslide vote, 161-16. This bill continues to give Georgia Peace Officers the right to testify on their own behalf at grand jury proceedings, in cases involving the use of deadly force. It is absurd that this right to testify ...
Posted by Richard Lawson | Mar 17, 2016 |
This is a guest blog. The names have changed to protect author privacy.
My name is Jennifer, and my husband's name is Mark. The following is my perspective from a spouse's perspective of someone in a Georgia DUI Court Program.
Background:
My husband was charged with his second DUI; he receive...
Posted by Richard Lawson | Mar 16, 2016 |
Following Williams v. State in 2015, the Georgia Supreme Court sparked a substantial debate whether the tides will soon change for consent laws on BAC testing. The issue is whether an intoxicated individual can make a voluntary decision between testing BAC levels or losing their license for refus...
Posted by Richard Lawson | Mar 16, 2016 |
Very often I receive calls from people who are unsure if they need an attorney. Ironically, I receive approximately the same number of calls from people who have irreparably damaged their case by acting unrepresented. I have spent my career trying to convince people they need an attorney. Unfo...
Posted by Richard Lawson | Mar 14, 2016 |
When people call my office, I always ask "what would you like your attorney to do for you?" Most want to be treated fairly and proportionally to the treatment received by others. Some want to fight their cases, and that is perfectly fine. Anyone who feels that they are not guilty of DUI has a ...