If you are arrested for a DUI in Georgia… does that mean you have a drinking problem? Sometimes, yes. Sometimes, no. Nearly one-third of all DUIs in the United States are given to those who already have at least one DUI conviction. Those who have been arrested for a DUI even once, about 80% say […]
Category: Blog Schiavone Law Group
New DUI Law in Georgia
A landmark case in DUI law has just been decided by the Georgia Supreme Court. This new DUI law in Georgia could have massive implications for the use of the Breathalyzer in the state. Elliott v. The State In Elliott v. The State, the Georgia Supreme court decided that a refusal of a Breathalyzer test […]
Georgia DUI Penalties
GA DUI Laws are Strict Georgia DUI penalties are tough! A recent study shows that Georgia is one of the strictest states in the country for DUIs. The research was done by a website called “WalletHub”. They gave each state points based on a list of criteria. We analyzed the results of the study and […]
Parked Car DUI?
In the state of Georgia, as in many states, you do not have to be caught in the act of driving a vehicle to be arrested for a DUI. If an officer has evidence that you are in what the state calls “physical control of a moving motor vehicle” while intoxicated, you may still be […]
Georgia Car Searches: What Are My Rights?
When Can Police Search Your Car? If you are pulled over in a routine traffic stop, and a police officer wants to search your vehicle, what do you do? The Fourth Amendment of the United States Constitution protects against unlawful search and seizure, which means that a police officer cannot start searching your car for […]
New Georgia Marijuana DUI Breathalyzer?
Testing for Marijuana Use May Get Easier for Law Enforcement. While the breathalyzer test has long been a way for law enforcement to test the amount of alcohol on a driver’s breath, it has been much more difficult to test for impairment of recreational drugs. However, two companies, Hound Labs, Inc. and Cannabix Technologies, have […]
Refusing a Breathalyzer in GA
To Blow or Not to Blow Almost a year later, a landmark Supreme Court case in Georgia continues to reshape DUI defense cases, Olevik vs. State. In this case, the highest court in Georgia reaffirmed a state resident’s against self-incrimination. In light of the shifting tides, we want to take a look at your rights […]
Out of State DUI for Georgians
Summertime travel season is in full swing and that means there are more out-of-state drivers on the road all over the country. If you are arrested for a DUI in Georgia, but you are a resident of a different state, this will likely affect your driving privileges in both Georgia and your home state. The […]
New Distracted Driving Law in Georgia
The time has come… to stop browsing Instagram on I-85. (At least, now you could actually get a ticket for it.) On July 1, Georgia will begin enforcing a driving law that will probably affect all of us. Accidents have been increasing in Georgia and many suspect that cell phones are to blame. That is […]
Driving With an Ignition Interlock Device in GA – Part 2
Getting an Ignition Interlock Device Installed If you have been arrested for a DUI in the State of Georgia, you will likely have to deal with a license suspension. Many times, you can regain your ability to drive legally by having an ignition interlock device installed on your vehicle. Steps to Complete Here are […]