Blog Category | Dui
Medication DUI Penalties in Georgia
When a medication, whether it is a prescription or over-the-counter drug, impairs your ability to drive or to share the road safely with others, it can lead to a criminal charge that is much like a DUI. Driving while impaired by any drug, including a medication that your doctor prescribed,...
Continue Reading Medication DUI Penalties in GeorgiaCan Blood Test Results Be Challenged in a DUI Case?
If you were pulled over for DUI and your blood test showed you were over the legal limit, you may still have options. Blood test results are not always reliable and must be obtained legally. A skilled Cumming DUI defense attorney at Banks, Stubbs & McFarland can help challenge your...
Continue Reading Can Blood Test Results Be Challenged in a DUI Case?Can I Refuse a Field Sobriety Test?
If pulled over and asked about drinking, the officer likely suspects impairment. Sometimes, it may result from being near a bar at closing time. If asked to take a field sobriety test, remember you have the right to legal counsel. Consult a Cumming DUI defense attorney at Banks, Stubbs &...
Continue Reading Can I Refuse a Field Sobriety Test?Underage Drinking Statistics in Atlanta, GA
Underage drinking is a problem throughout the State of Georgia and across the nation, and the related statistics in Atlanta speak volumes. If you or your child is facing an underage drinking charge, it’s important to know that the stakes are high in terms of legal penalties and fines as...
Continue Reading Underage Drinking Statistics in Atlanta, GACan Breathalyzers Be Wrong?
While DUI charges seem to hinge on breathalyzer readings, the truth is that these tests for blood alcohol concentration (BAC) are often incorrect for a variety of reasons. If you’ve been charged with driving under the influence (DUI) of alcohol, the stakes are high. Our experienced defense attorneys at Banks,...
Continue Reading Can Breathalyzers Be Wrong?Consequences of Refusing a DUI Chemical Test
Refusing a DUI chemical test, such as a breathalyzer, carries significant consequences. Every situation, however, is unique and must be considered within the parameters of the specific circumstances involved. If you are pulled over because the police suspect you of driving under the influence, the most critical first step you...
Continue Reading Consequences of Refusing a DUI Chemical TestHow Can a DUI Affect Your Insurance?
If you are convicted of DUI in Georgia, you face potential jail time as well as steep fines and challenging social consequences. Another financial concern, however, is the cost of your insurance premiums, which are likely to skyrocket and can have a financial impact well into your future. If you...
Continue Reading How Can a DUI Affect Your Insurance?Can a Georgia DUI Be Reduced to Reckless Driving?
If you have been charged with driving under the influence (DUI), you face severe fines and penalties in the State of Georgia. The circumstances of every DUI case are unique, but sometimes, the best option is to make a plea deal, which can potentially mean having the charge lowered to...
Continue Reading Can a Georgia DUI Be Reduced to Reckless Driving?Understanding Georgia’s Implied Consent Law
When you get behind the wheel in Georgia, you give what is considered implied consent to a chemical test in the event you are stopped for DUI. This is a matter of public safety and is designed to help combat the very real risks associated with drunk driving. Better understanding...
Continue Reading Understanding Georgia’s Implied Consent LawCan I Sue if a Drunk Driver hit me?
If you are in an accident with a drunk driver, you may suffer lost wages, medical expenses, pain and suffering, and emotional distress. In most cases, you are entitled to sue the driver for damages. If the driver took a blood, breath, or urine test that reflects an illegal alcohol...
Continue Reading Can I Sue if a Drunk Driver hit me?What is a Felony DUI?
It is illegal to operate a motor vehicle in Georgia if you have a blood alcohol concentration (BAC) of 0.08 percent or greater. While the law levies harsh penalties against drunk drivers, the punishment is more severe if you have committed a felony DUI. In Georgia, a fourth DUI offense...
Continue Reading What is a Felony DUI?Can You Drive After a DUI in Georgia?
If you were arrested recently for DUI in Georgia, the arresting officer probably confiscated your license and gave you a 1205 form notifying you of their intent to have your license suspended due to the charge against you. Following a DUI arrest, you may have several opportunities to make sure...
Continue Reading Can You Drive After a DUI in Georgia?How Are Truck Accidents Different Than Car Accidents in Suwanee?
Unfortunately, our legal team has seen firsthand how damaging truck accidents can be. We cannot understate the importance of driving with extra caution near semi-trucks, delivery trucks, dump trucks, buses, and the like. Trucks can often cause more damage and injuries, and the resulting claims can be highly complicated. Here...
Continue Reading How Are Truck Accidents Different Than Car Accidents in Suwanee?Congress Mandates New Car Technology to Stop Drunk Driving in GA
Our Georgia injury lawyers represent many people who were injured by drunk drivers. These accidents are truly devastating because they are completely preventable. You may be aware that Congress has enacted new legislation which requires car manufacturers to install new technology in order to stop drunk driving. All new cars...
Continue Reading Congress Mandates New Car Technology to Stop Drunk Driving in GALearn How a New DUI Initiative in Georgia Might Affect You
The Georgia Department of Driver Services reported 2,878 Administrative License Suspensions and 12,008 Driving Under the Influence (DUI) Convictions in 2020. Those numbers are down significantly from 2008 when there were 11,365 Administrative License Suspensions and 44,017 DUI Convictions, but there’s still much work to be done to discourage drinking...
Continue Reading Learn How a New DUI Initiative in Georgia Might Affect YouElliott – The Big Deal for DUI Cases in Georgia
PreviouslyI wrote that all lawyers with significant DUI practices and all judges in Georgia that deal with DUI’s have been anxiously awaiting the Georgia Supreme Court’s opinion in _ Elliott v. The State _ (Docket No. S18A1204). The 94-page opinion was issued on February 18, 2019. What’s the big deal...
Continue Reading Elliott – The Big Deal for DUI Cases in GeorgiaCurrent Issues in DUI Litigation: Elliott
All lawyers with significant DUI practices and all judges in Georgia that deal with DUI’s have been anxiously awaiting the Georgia Supreme Court’s opinion in Elliott v. The State (Docket No. S18A1204). Oral argument was conducted in the Georgia Supreme Court in April, 2018. What’s the big deal and what...
Continue Reading Current Issues in DUI Litigation: ElliottPolicy Change in Administrative License Suspension Hearings
Did you know that in 2009, Parker McFarland filed a civil lawsuit against the elected Solicitor General in Forsyth County for enforcement of subpoenas at ALS hearings? Forsyth County officers had started a policy of coming to ALS hearings without the reports or videotapes from their arrests. Attorney Parker McFarland...
Continue Reading Policy Change in Administrative License Suspension Hearings