Articles Posted in DUI

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DUI-keys shotglass.jpgNew laws taking effect January 1, 2013 could have a large impact on Georgia drivers convicted of DUI. The changes include new consequences for drivers under the age of 21 convicted of DUI as well as new rules effecting drivers applying for limited use permits during their probationary period. Generally, the new laws encourage convicted drivers to seek treatment and risk evaluation in exchange for increased opportunities to begin driving sooner. The changes are supported by legislators, judges, and criminal defense attorneys alike, and are considered mostly positive developments in the area of Georgia DUI law.
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turner getting arrested.jpgSeveral months ago Mariano Saynez-Ruiz-Duran, a vice consular with the Mexican Consulate General was pulled over for speeding on Ga. Highway 400 and arrested for DUI. Last night, Michael Turner, running back for the Atlanta Falcons, was pulled over for speeding and arrested for DUI. While one lesson to take from this is to slow down, the other lesson is that it doesn’t matter who you are or what you do, police officers do not discriminate if they suspect you are driving under the influence of alcohol. It can happen to anyone.

Police officers are trained in DUI detection, some certainly better than others. They focus on your manner of driving; they focus on how you stop your vehicle; they focus on your demeanor and your physical appearance when they approach you; they focus on how calm or nervous you act; they take note if you fumble with your wallet or ID; and they even focus on how you get out of your car.
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Recently a man in Atlanta, Georgia, claimed to have created a product that when sprayed into a person’s mouth like breath freshener it allegedly manipulates, masks, hides, or reduces the breath alcohol in your mouth after drinking, so that if you are pulled over by a police officer on suspicion of driving under the influence of alcohol and asked to blow into an alcosensor (the hand-held device to measure blood alcohol content), the BAC will be below the DUI per se limit of 0.08 grams. While the thought of this might be creative, I would not trust it.

It is true that residual mouth alcohol can cause alcosensors to read high. However, alcosensors not only measure residual alcohol in the mouth. They are designed to also measure the deep air from the lungs. Air drawn from the lungs carries with it the alcohol molecules metabolized by the body and broken down in the blood stream as it passes through the lungs. Nothing a person can spray in their mouths will have an effect on this.

The representative from MADD (Mothers Against Drunk Driving) expresses concern for the danger posed by people who have been drinking, become intoxicated, and then are lulled into a false sense of security that they are “sobered up” by using this product. This, however, is not the only problem this product poses. The product is not designed to make a person sober. A person using this product may also be lulled into a false sense of security, assuming that if it actually worked they could not be arrested for DUI. This is not true.