Category Archives: DUI Defense
When Prescription Medications Trigger a DUI Arrest in Georgia
Most people associate DUI charges with alcohol or illegal drugs. But in Georgia, you can be arrested (and even convicted) for DUI even if you only took lawfully prescribed medication. Georgia’s DUI statute doesn’t distinguish between illegal drugs and substances you’re legally allowed to take. What matters to police and prosecutors is whether the… Read More »
Marijuana & Hemp-Derived THC: Current DUI Risks and Legal Developments in Georgia
As cannabis laws continue to evolve across the nation, many Georgia drivers assume that hemp-derived THC, Delta-8 products, CBD, or even small amounts of marijuana carry minimal legal risk. Unfortunately, when it comes to driving, Georgia law remains strict. You can be charged with DUI based on THC, even if it’s legally purchased, and… Read More »
Probation Violations After a DUI or Drug Conviction in Georgia: What You Must Know
A lot of folks, when they hear they got probation instead of jail time after a DUI or drug charge, think that they’ve caught a break. Sure, it’s definitely better than life in a cell, but the thing most people aren’t prepared for is just how onerous and strict probation actually is. It’s not… Read More »
When the Standard DUI Rules Don’t Apply: Understanding Georgia’s “Less-Safe” Rule
When most folks think of DUI charges, they think about their blood alcohol level being above 0.08%. Everyone seems to remember that number specifically. That’s largely due to the fact that it’s on commercials, billboards, and you’ll hear it at high-school assemblies. But Georgia’s DUI laws are far more expansive. You can face actual… Read More »
License Suspension and Administrative Penalties After a DUI or Drugged Driving Charge in Georgia: What You Need to Know
When most folks think about a DUI or drugged driving charge in Georgia, they tend to focus on the criminal side of the case. Things like jail time, fines, probation, and community service occupy the forefront of their minds. There is, however, another side of the charge that begins the moment that you’re arrested:… Read More »
Challenging Chemical Evidence in a Georgia DUI Case
You may think the evidence against you is ironclad, but you’ll never know until you speak to a Georgia DUI lawyer with years of experience fighting these cases. In this article, the Smyrna, GA, DUI attorneys at Andrew L. Schwartz, P.C., will discuss how evidence can be challenged in a DUI case. Challenging breathalyzer… Read More »
When Impairment Matters More Than BAC: Navigating Georgia’s “Less Safe” Statute
In the State of Georgia, DUI extends beyond simply having a blood-alcohol level of 0.08% or more. You can be charged under a statute known as “DUI Less Safe” (O.C.G.A. § 40-6-391(a)(1)). This statute focuses on whether or not the driver’s ability to operate their vehicle has been compromised by drugs or alcohol. BAC… Read More »
Arrested On Fourth of July Weekend for DUI? What You Need to Do Next
The Fourth of July is coming. It is a time for celebration. It is also a time to be safe. The National Highway Traffic Safety Administration (NHTSA) reports that DUI crashes (and arrests) spike during the Fourth of July holiday period. If you were arrested, it is imperative that you know how to protect… Read More »
What Are Police Looking for When Targeting for Drunk Drivers
Have you been charged with driving under the influence (DUI) in Cobb County? If so, you may be wondering what specifically the police saw when they decided to pull you over. Why did they target your vehicle specifically? Most drivers are unaware that police officers are trained to look for specific clues that indicate… Read More »
The Importance of Medically Clearing an Individual Before Administering the Horizontal Gaze Nystagmus Test
Since 1975, the National Highway Transportation Safety Administration (NHTSA) has standardized field sobriety tests for officers. Prior, each officer would administer their own test, or individual police stations would train their officers in specific tests to give to the motoring public. Today, there are three standardized tests of dubious veracity that are used universally… Read More »