DUI | Kevin R. Fisher

Georgia “Crime Suppression Detail” Stops Nearly 600 Vehicles

February 1, 2022 / Criminal Justice, DUI, Georgia, Recent News / By Kevin Fisher

According to Fox 5 Atlanta, Georgia police stopped nearly 600 vehicles between January 21 and January 23. Beginning in April 2021, multiple police agencies, including the Georgia State Patrol, the Motor Carrier Compliance Division, the Georgia Bureau of Investigation, the Department of Natural Resources, and Atlanta Police Department, have coordinated to conduct “crime suppression and […]

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DUI Court: What You Need To Know

October 12, 2021 / DUI, Georgia, Learn More / By Kevin Fisher

DUI Courts “are designed to deal with the underlying issue of alcohol abuse resulting from operation of a vehicle while impaired.” O.C.G.A. § 15-1-19. They are for repeat offenders. They provide treatment and support while a person deals with any issues they have that may have led to their DUI charges. While all of this

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Know Your Rights: DUI Roadblocks and Vehicle Safety Checkpoints

October 8, 2021 / DUI, Learn More, Traffic Offenses / By Kevin Fisher

In a vehicle safety checkpoint, the police block off the road and stop every driver. They will typically ask for the driver’s documentation and may ask some questions. This would seem to be an illegal seizure or search under the Fourth Amendment to the Constitution. The Fourth Amendment states: The right of the people to

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Shakeup for Gwinnett County DUI Cases

June 1, 2021 / Criminal Justice, DUI, Georgia / By Kevin Fisher

Recently, Gwinnett County Solicitor Brian Whiteside announced that the Gwinnett County Solicitor’s Office will no longer hear DUI cases set for motions or trial in the Gwinnett County Recorder’s Court, but will instead bind over those cases to Gwinnett State Court. Subsequently, Solicitor Whiteside filed suit against two Recorder’s Court judges, alleging that they were

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DUI Less Safe vs. DUI Per Se

August 28, 2020 / DUI, Learn More, Traffic Offenses / By Kevin Fisher

In Georgia, a person may be charged with DUI Per Se, DUI Less Safe, or both. Many people do not understand the differences between these two charges. Essentially, the elements that the State must prove in order to secure a conviction are completely different. Note that this post is most relevant to cases involving alcohol,

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Understanding Implied Consent in Georgia DUI Cases

June 21, 2019 / DUI / By Kevin Fisher

What is Georgia’s Implied Consent law? Georgia’s Implied Consent law can “require [a person] to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances” in order to determine if [he or she is] DUI. At first glance, this would seem to be at odds with the Fourth Amendment, which states

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Standardized Field Sobriety Testing

June 5, 2019 / DUI / By Kevin Fisher

There are several Standardized Field Sobriety Tests, or SFSTs, that officers commonly perform when they are attempting to evaluate whether a person is under the influence of alcohol or a controlled substance, and several others that officers administer in addition to these when they suspect drugs are involved. This article will go over the different

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New Georgia Supreme Court Case Has Major Implications for DUI Cases

February 19, 2019 / DUI, Recent News / By Kevin Fisher

Yesterday, with Elliott v. State, the Georgia Supreme Court handed down a decision that has major implications for Georgia drivers and the attorneys who represent them, particularly where breath tests are involved. To understand the implications of this case, it is first important to understand a little bit of Georgia law, and even a bit

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Asking For A Friend: How Much Is Too Much?

December 11, 2018 / DUI / By Kevin Fisher

Especially around the holidays, people frequently ask me questions like: “If I eat a large meal before having a few drinks, am I safe to drive?” “If I have a glass of water for every drink I have, will that prevent a DUI?” “If I only have one drink, can I be arrested for DUI?”

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A Few Notes on Holiday Roadblocks

December 6, 2018 / Drugs, DUI / By Kevin Fisher

Every holiday season, Georgia sees a spike in DUI arrests. This is due in part to widespread use of police roadblocks. Different agencies may call them different things – DUI Checkpoints, Vehicle Safety Checkpoints, etc. But the way the function is basically the same: police stop every vehicle and check for certain things. Click here to

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