Lane Ranger: Tune-up of DUI laws puts state in a lead role
Joey Ledford - Staff
Monday, July 23, 2001

Most Georgians are unaware of it, but the Peach State's DUI laws, already pretty rugged, got even tougher this month.

"These judges are getting pretty tough with punishment," said William C. "Bubba" Head of Atlanta, one of the state's leading DUI attorneys and author of two books on DUI defense. "A little bit of advance knowledge might make some people take a cab."

Head estimates Georgia was in the middle of the pack before this year's major legislative DUI tune-up. But now, he says, Georgia's law is probably the seventh- or eighth-toughest in the nation, particularly against repeat offenders.

The change that got the most publicity was the toughening of the DUI standard. Before July 1, a driver had to register 0.1 on the blood alcohol scale to be declared intoxicated. Now it's 0.08, and officers can --- and do --- make cases on even lower readings if they think they have evidence a driver is impaired.

A tightening that has been overlooked by most is that license plates on all vehicles owned or co-owned by a repeat offender are confiscated by the court and held until the driver's suspension is over. "It snatches the tags off every vehicle in that person's name," said Head, whose client list includes Atlanta Braves shortstop Rafael Furcal.

In the past, when a repeat violator was convicted, most continued to drive illegally on a suspended license, said Head. It takes a much more foolhardy attitude to hit the road in a car without a license plate. The tags are returned after the jail sentence (90 days to 12 months for second offenders) and probation (any part of the 12 months not served in jail). But offenders can look forward to a special "Scarlet Letter" license plate that brands theirs a DUI offender's car.

There are also many more legal hoops to jump through than the previous law, said Head --- procedures that take more of a lawyer's time and therefore cost more of his or her client's money.

Even a first offender who doesn't hire a lawyer can expect to pay between $2,000 and $5,000, said Head. Second offenders stand to lose $15,000 or more.

But, said Head, "It's the collateral cost that will hurt more."

Most offenders can never again expect to drive a company car. And many also can expect to lose their jobs. "A DUI will prevent you from being able to rent cars," Head said. "They find out through the computer. If you're in sales, for example, your job can be terminated if you can no longer rent a car."

That DUI also will drive up your insurance premium by three- to fivefold. "You might not be able to get anything but the base minimums (of coverage), which exposes you if you hit someone," said Head. You might lose your leased vehicle, he added, as many contracts include clauses protecting the vehicle owner against convicted drunken drivers.

Head believes it is possible for some people, especially habitual drinkers, to be unimpaired, but still in violation of the law, at 0.08. "There are many people at 0.08 who can drive as well as you or I, or better," he said. "Studies make it very clear, however, that at 0.15, drivers are very impaired."

Head strongly advises motorists when stopped to refuse to submit to field sobriety tests.

"Never, ever submit to field tests," he said. "They are voluntary and they are so subjective. I've only seen three officers do the field tests correctly in 25 years and I've watched over 600 videos" of traffic stops. Always assume, he added, that a traffic stop is being taped, and that that evidence will be used against you.

Head said he's seen DUI arrests ruin and even lead to the end of countless lives. "I've had seven (clients) commit suicide before they go to trial," he said. "I can't even tell you how many have had nervous breakdowns."

The mental state of his clients, he said, prompted him to spend $8,000 to make a videotape he gives to every client, designed to convince them that they can rebuild their lives.

"Not one has committed suicide since," he said.

Head said that despite what police say, inaccurate blood alcohol test results are common.

Diabetes can cause higher blood alcohol levels. Dentures can trap alcohol and lead to inflated readings. Some special high-protein diets --- and even chewing gum --- can do the same. Ironically, even some mouthwashes used by drinkers to hide alcohol on their breath can run up a reading to arrest range.

"My advice up to July 1 (was) that you should submit to the breath test and then ask for an independent blood test and breath test at a different police station," said Head. "But when the law changed, the only people who should take the test now are drivers with no prior alcohol offenses in the last five years."

Head said no driver younger than 21 should submit to a test if he or she has had even a single drink. The state's "zero tolerance" law sets a 0.02 legal intoxication limit for all young drivers.

Commercial drivers face similarly strict standards, with a limit of 0.04.

Head said a loose tongue can cost you in a potential DUI arrest situation, though he counsels those stopped to be very polite.

"Don't tell them you just had one or two. You are not obligated to talk," he said. "People feel compelled to talk because they erroneously think they can talk their way out of it. If you've consumed alcohol, you will go downtown."

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