Based on the U.S. Supreme Court's 1966 ruling in Miranda v. Arizona, any person taken into police custody must be read their "Miranda" rights before questioning. Essentially, the Miranda rights are based on the Fifth Amendment of the U.S. Constitution, which protects citizens from self-incrimination.
If an officer pulls you over on suspicion of DUI, they may request you to take a Breathalyzer test and various field sobriety tests. However, drivers should be aware that they have the right to refuse these tests, although the refusal may come with consequences.
Under Georgia law, prosecutors can prove that a driver was operating a vehicle while under the influence of alcohol by establishing that their blood alcohol content level was over the legal limit or by establishing that the driver was unsafe due to their drunk driving.
Drivers who have been charged with a DUI in our state should be aware of the serious consequences that may await them if they are convicted. Under Georgia Code, Section 40-6-391, drivers can violate DUI law by driving with a blood alcohol content (BAC) level of 0.08 percent or higher (DUI per se) or driving under the influence according to the arresting officer (DUI).
Teens are somewhat notorious for causing trouble and misbehaving. However, there are different levels of troublesome behavior and when teens are accused of breaking the law or of injuring someone, these accusations can carry a lot of weight for everyone involved. Recently, a car full of teens was involved in a wreck in which the 3 passengers were seriously injured. The driver, also a teen, is facing criminal charges in relation to the crash.
An Atlanta man recently lost his life in a motor vehicle accident that claimed his life. As the details of the crash started to unfold, it appeared that the other vehicle he was involved in the accident with was suspected of impaired driving behaviors. After an investigation, police have officially charged the man in the other vehicle.
Everyone has obligations and responsibilities in their life. What happens when the unexpected occurs? How does it impact those responsibilities and obligations one already carries? If you or a loved one has been charged with DUI after a breath test, you could be facing consequences that could impact your ability to meet your existing obligations due to the consequences from a DUI charge or a conviction.
One of the best parts about being an adult is the freedom to do as you wish. Now, this isn't without potential consequences, but having the freedom to make choices is a great part about being of legal age. However, with freedom comes the possibility to make a mistake that could result in consequences. One of the potential consequences of drunk driving is the potential for license revocation.
Another serious car collision in Gwinnett county left one toddler age daughter without a mother. Late last month there was a multi-vehicle wreck in Gwinnett county. It was allegedly caused by a driver who is accused of being intoxicated at the time of the crash. Pending charges are severe, as one woman succumbed to her injuries that were sustained in the accident.
Those who have been accused of drunk driving may be in for quite a fight if they hope to protect their finances, their ability to drive and their freedom. This is because the penalties associated with drunk driving can be quite harsh. However, before penalties can be imposed, prosecutors must obtain a conviction. This requires them showing competent evidence that establishes guilt beyond a reasonable doubt. In drunk driving cases, this often involves putting forth evidence related to blood-alcohol content and field sobriety test results.