What Is Probable Cause When It Comes To DUI Stops?

A DUI is a serious court case that can have a considerable negative impact on our lives. DUI cases often hinge on the probable cause that law enforcement uses to pull individuals over. Experienced lawyers, like those at Amanda Hall Injury Law, can help you argue your case and even help get that probable cause thrown out.

Here’s how it works.

What is Probable Cause?

The concept of probable cause is very openly defined by its nature. The most basic definition of probable cause is that it occurs when a police officer as an indication that someone is either actively breaking the law or could be breaking the law.

The second part of this is what leaves it open to interpretation. There are a lot of things that could be breaking the law, but are perfectly legal. This is especially the case when it comes to examples of DUI probable cause.

Examples of DUI Probable Cause

There are a lot of different driving behaviors that could be indications of a DUI. These are typically focused on an individual’s control of their vehicle as well as breaking other laws while driving. You are with a few of the most common DUI probable causes.

  • Causing Traffic Accidents
  • Speeding
  • Driving Too Slow
  • Drifting Lanes
  • Sudden Swerves
  • Excessive Braking
  • Running Stop Signs or Lights

How a Lawyer Can Help Your DUI Case

An experienced lawyer, like the legal team at Amanda Hall Injury Law, can help you with your DUI Case. There are few big reasons why a lawyer can turn the tide of your legal situation.

It all comes down to what your DUI case looks like in front of a judge. It often comes down to the word of the individual being accused of a DUI against the word of law enforcement. Having an experienced legal team by your side is the best way to gain an advantage in this imbalanced situation.

Experienced lawyers can also help you navigate the complicated world of legal proceedings. They know how to handle everything from filing important paperwork to the most advantageous arguments and strategies for improving your odds in your DUI case.

So, how do you find the right legal representation?

How to Find the Right Legal Representation for Your Case

The right legal team for you is going to have years of experience handling the types of cases that you’re up against. This will give you an edge in the courtroom that you won’t be able to have when you’re on your own. You also want to find a legal team that has a track record of helping people like you win their cases.

Any reliable lawyer is going to have a section on their website, like Amanda Hall Injury Law, that outlines their legal experience and how they can help you with your DUI case.

What To Do & Not To Do At A Georgia DUI Stop

Facing a confrontation with a police officer is intimidating in many circumstances, particularly if you’ve been stopped under suspicion of driving under the influence. Few people talk about what you should and shouldn’t do in this situation, making it challenging to do the right thing for your benefit. If you’re suspected of driving under the influence, the following will help you understand what you should and shouldn’t do to protect your rights and ensure your case goes more smoothly.

What You Should Do

When you first pull over, it’s essential to keep your hands visible on top of the steering wheel to prevent any issues. If you have passengers in your car, instruct them to stay calm and quiet. Don’t let anyone else say or do anything that could put you at risk or implicate your guilt. Always stay inside your vehicle unless the police officer asks you to exit. If they do ask you to exit, do so promptly and with no resistance. In most cases, you won’t be asked to leave your vehicle. Answer questions politely and treat the officer with respect, even if you feel the stop was unwarranted. Many officers now wear body cameras and record all encounters, recording any bad behavior that can be used against you. If the officer reads your rights, always answer yes, but let them know you wish to speak to an attorney. Let them know you will agree to the test after you’ve spoken to a lawyer. Doing this will give you the right to request an independent test, which could work in your favor. The officer must then transport you to the testing facility of your choice. It’s often best to choose a hospital or 24-hour clinic in an adjacent county to eliminate bias.

What You Should Not Do

The law requires you to provide an officer with your name and address to verify your identity. However, any information beyond that is voluntary, and answering any questions after that is optional. Don’t try to talk your way out of the situation because you could inadvertently harm your case. Don’t react angrily or drop names in an effort to get out of being charged with a DUI. It’s also essential to follow an officer’s commands. If you fail to do so, you are only putting yourself in a worse situation, reducing your chances of a successful case. However, keep in mind that this rule doesn’t apply to roadside tests. These tests are completely optional. Many of these roadside tests are challenging for sober individuals as well, making them unfair and irrelevant to your DUI case. In Georgia, you can’t contact a lawyer from the side of the road, which is why it’s best to decline answering any questions beyond those designed to verify your identity. Use your right to remain silent to prevent incriminating yourself further.

How To Prevent Georgia DUI License Suspensions

Having your license suspended because of a DUI can be an incredibly difficult situation. Not only will this limit your mobility, it can also impact things like your career and your education. Georgia has recently changed its laws around DUI license suspensions. There’s a good chance that these changes can improve your chances of keeping your license.

Let’s take a closer look at how you can prevent an automatic license suspension after having a DUI incident.

Georgia DUI License Suspensions and Hearings 101

The state of Georgia has recently extended the time that you have to request a hearing before an automatic license suspension that results from a DUI. These hearings are incredibly important. They allow you to fight back against your DUI charge in order to improve your odds of keeping your license.

You can get the best results in hearing by having an attorney with proven results. The team at Amanda Hall Injury Law, for example, can help you navigate the complex process of defending yourself against a DUI charge.

Ignition Interlock Devices—Pros and Cons

You can also opt into getting an ignition interlock device. An ignition interlock device is a new piece of technology that is essentially a breathalyzer connected to your car. Let’s take a look at the pros and cons of this device.

On the plus side, an ignition interlock device can help you keep your license. Some individuals are able to negotiate having an interlock device installed in their car as a condition for keeping their license.

However, ignition interlock devices also, with considerable fines and charges. You will be required to pay an installation fee, a removal fee, monthly maintenance fees, and other charges related to your ignition interlock device. These devices can also prevent your car from starting on and even contact the police if you do not regularly blow into the breathalyzer while driving.

The legal team at Amanda Hall Law can help you keep your license without having to get an interlock device.

A Lawyer Can Improve Your Odds of Keeping Your License

The best way to defend your license is to hire a lawyer that has experience. These legal professionals are able to represent you in court proceedings. This dramatically improves your court case chances of defending your right to have a driver’s license.

Most people don’t know the ins-and-outs of the legal system. This leaves them vulnerable to expensive fees and the risk of losing your license. A lawyer can help you avoid High fees and worst charges.

The best thing you can do to prevent a DUI from becoming an automatic license suspension is to reach out to an attorney.

Ride Share Apps: Reducing DUI Accidents?

A new study has shown that ride share apps might actually be saving lives.

In the old days, people had a “designated driver” when they went out for a night on the town. But that designated driver didn’t always stay sober — and that could lead to big problems.

People also might have a drink or two more than they thought… and that might lead to disaster. It’s difficult for someone who has already driven somewhere to make the decision not to drive when they are already drunk.

Enter the ride share apps.

How Ride Share Apps Are Reducing DUIs

Ride share apps make it easier for people to find rides, whether they were already planning ahead or whether they found themselves having “a few too many.”

Because ride share apps are much more affordable than a taxi (and easier to call), people find it a more attractive option. They can also afford to both take a ride share home and also back to their care to retrieve it in the morning.

Both drunk driving accidents and drunk driving convictions have dropped since ride share apps became popular. And that’s likely to continue as ride share apps become even more ubiquitous. Many ride share companies are currently experimenting with autonomous vehicles.

It turns out that a simple application of a more convenient method can radically reduce the chances of a DUI.

Why People Drive When Drunk

Many people drive when drunk because they mistakenly believe they are sober enough to drive. Someone might have one or two drinks and believe that they’ve had that amount before and been fine. They may even be under the legal limit, but still impaired. So, they drive drunk only to discover that they can’t control their vehicle. And when they get into an accident, they may not even realize how impaired they were.

Other people are chronic drunk drivers. Whether they’re trying to save money, improve their convenience, or just don’t care, they continuously drive drunk. The more they drive while drunk, the more normalized it becomes. They say that they “drive better while drunk,” even, or that they’ve “never gotten into an accident.”

Regardless of the excuses, drunk drivers are very dangerous. A single encounter with a drunk driver could leave someone injured for life. It could even kill someone.

If you’ve been in an accident with a drunk driver, or are concerned about accident liability, it may be time to talk to a professional. Contact the experts at Amanda Hall Injury Law to learn more about drunk driving, its liability, and its potential consequences.

image of breathalyzer

Can Car Alcohol Detection Systems Reduce Drunk Driving Accidents?

A Possible Solution for a Deadly Problem

You’ve probably familiar with the concept of Breathalyzer testing, if only through its depiction in police dramas. When someone suspected of driving under the influence (DUI) breathes into this device, chemicals inside it react to alcohol by changing color. Depending on the final color, the police can determine the suspect’s intoxication level.

Breathalyzers can work quite well on a drunk driver who has already pulled over and submitted to testing. When attached to a vehicle ignition system, a setup known as ignition interlock, a Breathalyzer can require the driver to blow into it before the vehicle’s engine will start — and then prevent the engine from engaging if the numbers indicate legal intoxication. New technological advances may build the detector right into the vehicle, make alcohol-detecting cars the wave of the future.

Advances in Vehicular Alcohol Detection

The Driver Alcohol Detection System for Safety (DADSS) program, funded by the U.S. government, has led the charge in developing new in-car alcohol detection technologies and equipment. The two main approaches under development include breath-based detection and touch-based detection.

The breath-based technology works much like the standard portable breath-detection devices used by police in cases of suspected intoxication. However, instead of requiring the driver to blow into an apparatus, the built-in equipment calculates BAC by analyzing the exhaled air in the cabin. Readings of 0.08 or higher prevent the car from starting.

The touch-based alcohol detection method takes BAC measurements by analyzing the driver’s skin. Manufacturers would build special infrared light into essential features such as the starter button or steering wheel. When the driver touches the control, the infrared light shines on it and instructs the car of your status.

A Step Toward Greater Safety for All

The federal government has prepared legislation to make passive alcohol detection systems a requirement in all new cars by 2024. The instrumentality must become fairly foolproof before automakers can actually incorporate them into vehicle designs. For instance, designers must figure out how to sidestep false positives that might lock sober people out of their cars. They must also minimize weaknesses that might permit drivers to disable the technology. But successfully keeping drivers’ BAC levels below 0.08 could save the lives of an estimated 9,409 people each year.

Until this new technology becomes the law of the land, individuals had better police their own driving practices. Even a first DUI offense in Georgia can mean jail time and/or a fine. Repeat offenders can expect up to five years in prison, fines of up to $5,000, suspension of license, a required ignition interlock following the suspension, and (last but certainly not least) a felony record.

If you have questions about DUI laws, want to learn more about passive alcohol detection systems, or need representation in a DUI case, Amanda Hall Injury Law is here for you. Contact our office today.