Tips from Marietta DUI Attorney Guy Sharpe
DUI is a crime of degrees. In Marietta and Cobb County Georgia, it is not illegal to have a drink with your meal and drive. It is illegal to drink too much and then drive. It is also illegal to drink while driving. The best advice to follow is not to drink and drive.
- Don't tempt fate. Before leaving a bar or restaurant parking lot, check to see if there are any cops in the area. If so, wait until the cops follow another person from the lot, and then leave. In Marietta, Cobb County, Georgia, you may be pulled over just because you were seen leaving a bar even though you are not DUI.
- In Marietta, Cobb County, Georgia, you can be arrested for DUI if you are sitting behind the wheel, have the keys in the ignition, in a parked car. You don't have to be driving to get a DUI ticket. You can be arrested for DUI if you have been driving within the last 3 hours, under the influence of alcohol or drugs.
- Think twice before confessing that you have had a couple of beers when asked if you have been drinking. If you do confess, the cop is going to continue his investigation. You may want to ask to talk to your lawyer before you answer any questions. Of course, if you say no, the cop may let you go; but he may request that you blow into an alcosensor. You have the right to refuse to blow into the alcosensor at the scene. This is not the same machine that you are required to blow into in order to keep your driver's license. The alcosensor is a portable screening device that is used by the cops to help them make their decision as to whether or not to arrest you. Remember, everything that you do will be noted and possibly used against you if you are arrested for DUI. Keep your discussions with the police about your activities that night to a minimum. Remember, you are probably being video taped and your conversation recorded. Politely tell the cop that you want to talk to your attorney if they ask too many questions about your drinking or what you have been doing and where you are going.
- Don't take field sobriety tests. They are voluntary. The police may tell you that if you don't do them then you will be arrested for DUI. Keep in mind that most people have a hard time passing them under stressful conditions. Your performance on the tests will be used against you if you are arrested for DUI, so limit the evidence that will be used against you by not doing the field sobriety tests.
- Try to get home before midnight. The odds of being pulled over increase substantially after midnight.
- Your weight has a direct effect on the amount of alcohol you can consume before you are considered DUI. Don't drink on an empty stomach. Drinking on an empty stomach speeds the rate of alcohol absorption. Drinking carbonated beverages also increases the speed of alcohol absorption into the bloodstream.
- Alcohol has no odor. The odor associated with drinking comes from the flavoring in the alcoholic beverage. Beer and wine both have a strong odor. The same goes for whiskey or scotch. For instance, vodka with orange juice or some other juice will have no alcoholic odor. Under cross examination, the police will admit that they can not tell how many drinks a person has consumed by the odor of the alcoholic beverage alone.
- In Marietta, Cobb County, Georgia, the police are not required to read you the so called "Miranda warnings" before arresting you for DUI. The reading of ''Miranda warnings" only applies to "in custody interrogations". Once in custody, they can not question you about your drinking without reading you the "Miranda warnings". Of course, many people begin confessing in the hopes that the police will let them go and that is not a good thing to do.
- The police are required to read you the "implied consent" rights. These rights advise you that you have the right to have a "qualified person" administer an independent test of your own choosing, after you have taken the test designated by the police officer. If the police officer does not tell you the "implied consent" rights, that is grounds for having the state blood alcohol test thrown out in the trial of your case.