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Georgia DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for Georgia on
Q: Would I be able to go on a cruise to the Bahamas while on misdemenor probation for DUI?
Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2016

It would be in your best interest to speak with your attorney. It may be possible for your attorney to request a motion to amend the terms of your probation to allow you to go on this cruise without the fear of any penalty from the Court.

Your sentence of probation is under direct...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: DUI

How can someone report physical violence/domestic abuse when they have a DUI and not get in trouble with the police? (Someone in my family says that because of their DUI, they can not call the police due to domestic abuse, because any involvement with police can get them in trouble)

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 6, 2015

See if you can file an injunction. Go have a full discussion with a local attorney.

1 Answer | Asked in DUI / DWI, Personal Injury, Insurance Bad Faith and Car Accidents for Georgia on
Q: Do I need a personal injury attorney?

Hi. I want to know if I have a case before I even try to hire a lawyer. My husband and I were injured in a wreck were we side swiped a semi-truck. The truck driver was drunk, high off pills, and hadn't slept in 24 hours. It was nighttime, the truck had jacknifed and was laying across the... View More

Adam Studnicki
Adam Studnicki
answered on Aug 3, 2015

Hopefully, you and your husband are okay. You said you were injured, so you should definitely consult with an injury lawyer. Don't delay. Trucking accident cases can be more complicated than regular car accidents, and trucking companies often get lawyers and investigators working to protect... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a friend who is asking me for advice about her situation.

I have a friend who is asking me for advice about her situation. I don’t know what to tell her, about the legal side of it. Jane is about to get married to Mike. Mike had a DUI several years ago and he apparently has been driving without a license. His daughter has been keeping his car title and... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

When in doubt, stay out. This is not a good idea on many levels. Your instinct is correct. All Mike has to do is get his license reinstated. If he has requirements to complete in order to do this, he should go ahead and do it. After all, why wouldn't he? I imagine it could be because... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have two DUI in atlanta for one month. Last one was 01.01.2005. I did`t show up on court because i`m non citizen

My visa was experied and i just go back in my country. Now i would like to visit my brother,but i scared about that case i can go in jail

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

Unfortunately, you have provided some information, but have not asked a specific question.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I received a DUI in AZ, can I get it expunged now that I live in GA?

Research shows I cannot remove it from my AZ driving record but I would like for it to no longer show up for GA or anywhere else or if I can somehow get it expunged altogether I would prefer to do that. I do not want to have it on my record for life due to a stupid mistake.

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 17, 2015

I'm afraid that only the state of the offense will be able to remove convictions by that state. In this case, AZ would be the state to contact. If AZ won't do it, I would be extremely surprised if GA showed any interest in helping you.

1 Answer | Asked in DUI / DWI for Georgia on
Q: In Georgia can they charge you with public drunkenness if they don't give you a breathalyzer test.
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

Charged? absolutely. Convicted? That's another thing entirely. Were you acting intoxicated? Did you admit drinking? What are the facts and circumstances of your arrest? You should obtain counsel.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Can one be arrested for DUI after taking prescription Drugs as prescribed by one's regular Dr? for years, no sideeffect
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

Arrested, yes. Convicted? Depends on the facts, circumstances, and the experience of your DUI lawyer.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Do you loose your license on a first DUI charge in Georgia?
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

You license is suspended upon conviction of a first DUI in GA. Depending on you age, it is for 4 months or a year.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was arrest for PUI but the officer gave me no test can i get the case dropped
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

You mean DUI, right? If you did not take the roadside test, did you take the breathalyzer test at the police station, or a blood test? Did you refuse to take a test? When you go to court, if there is no test, what evidence will the officer, solicitor or DA present to prove you were DUI? If you were... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: How much time between having a drink and getting stopped by a officer are you considered dui?
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

Very difficult to answer. Search the internet for alcohol absorption rates for gender, height and weight. Regardless of those factors, medical issues may affect alcohol absorption rates. So may certain chemicals, drugs, diets. There simply is no "one" answer to your question.

1 Answer | Asked in DUI / DWI for Georgia on
Q: If there are 3 21 year olds at a party with underage drinking and the cops show up, what will happen to the 21 year olds
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

Answer depends on too many "ifs". Generally, if an adult (a 21 year old) is participating in drinking with minors, most police officers will seek to determine if the alcohol was supplied by the adults, or the supply was controlled by the adults. Always best for 21 year olds (adults) to... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: Does drugs mean over the counter meds in a D.U.I case
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

It means any drugs, whether OTC, prescription, or illegal.

1 Answer | Asked in DUI / DWI for Georgia on
Q: When you are arrested and NOT read your rights before being asked questioned , is anything admisable ?
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

Unfortunately, need more information to answer your question. In a DUI, you should be read an Implied Consent card, and a Miranda warning after your arrest. If you have made any statements, a good lawyer may be able to get those suppressed, depending on the circumstances.

1 Answer | Asked in DUI / DWI for Georgia on
Q: In DUI Legal Prescription Drugs, officer searched my car and ripped open personal sealed mail & used it for P Cause??
David Stephen Klein
David Stephen Klein
answered on Oct 27, 2013

I do not see a specific question, however, an officer needs probable cause in order to pull you over in the first place. Unless you give the officer permission to search your car, which I would never do, the officer cannot search the car without a warrant, in most cases of DUI. Need more... View More

2 Answers | Asked in DUI / DWI for Georgia on
Q: Is failure to maintain lane reason enough to mndate a dui
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 4, 2013

In Alabama, failure to maintain a lane could be reason enough to mandate a dui. First, in order for a police to initiate a traffic stop, there has to be probable cause. One of the first things a police officer may think if you fail to maintain the lane is that you are under the influence. Once... View More

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1 Answer | Asked in DUI / DWI for Georgia on
Q: My son is 16 and just got charged with minor in possesion of alcohol. Is this serious enough of a charge seek a lawyer?
Mr. Robert Neal Katz
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answered on Jul 14, 2011

I would encourage you to retain counsel. The charge may have an impact on his ability to driver. A lawyer may be helpful in fighting the charge or in negotiating a plea.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I had a wreck while pulling into my driveway. I called police and had drinks while waiting. I got charged DUI. Why?

I had not drank any alcohol whatsoever before the accident and I was home for the evening (would not be driving anymore that evening). I am the one who called police to make a report of the accident and there were no injuries. It took police an hour to get to the scene and I had a couple margaritas... View More

Mr. Robert Neal Katz
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answered on Jul 14, 2011

I would strongly recommend you get counsel. By refusing the field sobriety test, you greatly increased the likelihood you may lose your license. The officer did not believe your story that you only started drinking after you were at home.

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