Macon Criminal Defense Blog

A 27-year-old woman was convicted of wrongful death and driving under the influence (DUI) in Fulton County after a car accident she caused took the life of a 24-year-old Georgia man. She had a blood-alcohol concentration of 0.229, almost three times the legal limit of 0.08. The woman was sentenced to five years in prison and five years on probation. In addition, the now-convicted drunk driver was ordered to carry a picture of the drunk-driving accident victim with her while she is in jail.

The victim's mother requested that the driver carry a picture of her deceased son to remember, every day, the tragedy that she caused by drinking and driving. It's not a common sentence, but it demonstrates the unique conditions that can be added to a driver's sentence if convicted of a DUI or Georgia drunk driving offense.

A 50-year-old man received multiple gunshot wounds after allegedly attempting to break into a Macon couple's apartment. The man was seen entering the apartment through the back door, when the apartment's resident grabbed his gun and fired at the intruder. Police are calling the death a justifiable homicide and have not filed charges against the man who shot and killed the alleged burglar.

In Georgia, the violent crime of killing of another person is not classified by degrees as in many other states. There is no first or second degree murder charge in Georgia. Homicide, in Georgia, is classed as one of the following: malice murder, felony murder, voluntary manslaughter or involuntary manslaughter.

A Macon woman was recently charged with driving under the influence (DUI), hit and run and aggravated assault after she drove her car into two men and another vehicle. Police found her at her house with a blood alcohol level of 0.185. The legal limit in Georgia is 0.08. According to the police report, while on the way to the Bibb County Jail, the woman admitted to officers that she had tried to run over the two men for making fun of her.

If you're arrested in Macon or elsewhere throughout Georgia, you should be advised by the police that, among other things, you have the right to remain silent. Specifically, you should be Mirandized, which means that you have been told that you have the following rights:

• You have the right to remain silent. Anything you say can be used against you in court.
• You have the right to an attorney. If you cannot afford an attorney, one may be appointed for you.

Your Macon criminal defense attorney can help you understand whether your Miranda rights were violated if you've been arrested and what that may mean for your case.

Valid for 30 days from the date it's issued, form DS-1205 serves as a temporary driver's license for Georgia drivers who've had their license confiscated due to a drunk-driving arrest. Form 1205 is a driver's notice that an immediate suspension of his or her Georgia driver's license will be requested of the Department of Driver Services (DDS).

Administrative Suspension of a Georgia Driver's License

A Georgia driver's license is administratively suspended when a driver:

• Refuses to take a chemical test, or refuses implied consent
• Blows over the legal limit:
  • If 21 or older, a chemical test reveals a blood-alcohol content (BAC) of 0.08 or greater
  • If under 21, a chemical test reveals a BAC of 0.02 or greater
  • If operating a commercial vehicle, a chemical test reveals a BAC of 0.04 or greater

If you are arrested for a Georgia drunk driving offense, you have 10 days from the date of your arrest to request, in writing, an administrative hearing from the Office of the State Administrative Hearings. Failure to do so may result in losing your driver's license while the criminal DUI case is pending.