According to a police report for the City of Oxford Police Department in Ohio, a Halloween reveler, James Miller of Cincinnati, found himself in a scary situation and was arrested for Driving Under the Influence or as they say in Ohio OVI while disguised as a DUI portable alcohol breath test device. He was observed driving the wrong way out of the entrance to a one way street. Officers placed him under arrest for DUI. Officer found what was left of a case of bud light and mutliple Ohio ID's in his wallet. Mr. Miller is 20 years old. In Georgia, portable breath devices are only admissible as positive or negative for the presence of alcohol. The Devices are approved by the Georgia Bureau of Investigation for initial breath screening only and not for a numerical result as the portable devices are not deemed scientifically reliable. The approved devices are Alcoyzer manufacturered by Intoximeter Inc; the Alco-Sensor IV and the Alco-Sensor III and RBT utilizing the Alco-Sensor II, Alco-Sensor IV and Alco-Sensor FST manufactured by Intoximeter, Inc. , the A.L.E.R.T. system manufactured by Alcohol Countermeasures System, Inc., the CMI Model SD-2 manufactured by Lion; the CMI Model SD-5, Intoxilyzer Model 300 and Model 400 manufactured by CMI, Inc.; the Lifeloc Model FC10 Alcohol Analyzer manufactured by Lifeloc Technologies. Atlanta Georgia DUI lawyers generally recommend that you not give a breath sample if you are stopped for suspicion of DUI because proving some one is less safe because of alcohol consumption is difficult.
The following is an estimate of Metro Atlanta DUI arrests in selected Metro Atlanta Counties for one week based on publicly available records. The information is only as accurate as the public records from which it is obtained.
Jurisdiction
DUIs
DUIs last week
Population
Arrest Per Population
Police Ranks
Percent Change
Atlanta DUI Arrests
47
51
out of 486,411 (7/2006 U.S. Census Est.)
0.0000966
7
-7.84%
Gwinnett County DUI Arrests
93
65
out of 789499 (2008 U.S.Census Est.).
0.0001178
6
43.08%
DeKalb County DUI Arrests
55
41
out of 739956 (7/2006 U.S. Census Est.).
0.0000743
10
34.15%
Fayette County DUI Arrests
10
11
out of 106465 (7/2006 U.S. Census Est.).
0.0000939
8
-9.09%
Henry County DUI Arrests
48
39
out of 191502 (7/2006 U.S. Census Est.).
0.00025065
2
23.08%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)
19
22
out of 9862 (2000 U.S. Census Est.)
0.0019266
1
-13.64%
Cobb County DUI Arrests
59
42
out of 698158 (2008 U.S. Census Est.)
0.0000845
9
40.48%
City of Roswell DUI Arrsets
16
17
out of 87802 (2003 U.S. Census Est).
0.0001822
4
-5.88%
Clayton County DUI Arrests
53
38
out of 273718 (7/2006 U.S. Census Est.).
0.00019363
3
39.47%
Total Metro Atlanta DUI Arrests
400
326
out of 3,383,373 (Combined Above-Listed U.S. Census Est.).
0.0001182
Total: Rank N/A
22.70%
Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.
The Heraldtribune.com reported on September 20, 2009 that two top experts have declared the DUI Breath testing device known as the Intoxilyzer 5000 scientifically unreliable in Florida. Florida law only required the Intoxilyzer 5000 to be checked for calibration for DUI breath tests once a month. The new DUI breath testing machine used by Florida, the Intoxilyzer 8000-an updated verison of the 5000 model, runs calibration checks or control runs before and after each breath test submitted by persons arrested for DUI. The Intoxilyzer 8000 rejects an average of about 70 DUI alcohol breath tests a month. This means at least as many Intoxilyzer 5000 test results are invalid every month but are still relied upon as evidence to convict in courts in the State of Georgia. These Florida experts testified that the currently accepted scientific practice is that DUI breath test calibration test or a control test must be run during each DUI Alcohol Breath test to ensures scientifically accurate results. Scientists used to believe that running calibration test once a month on DUI breath testing devices was good enough but that opinion has changed over the past few years. Prosecutors responded by stating that just because it is not scientifically reliable doesn't mean its not accurate. As a result hundreds of cases have been either dismissed or reduced. Read the article: click here.
Georgia, as reflected by its 2002 Public High School Graduation rate of 49 out of 50 states, has not gotten the memo. It is not clear whether the Georgia Bureau of Investigation, saddled with the responsibility of certifying breath testing devices, is apathetic or simply ignorant. Georgia still uses the Intoxilyzer 5000. Georgia calibrates the Intoxilyzer 5000 once a quarter or every 3 months or so. Florida began replacing the Intoxilyzer 5000 with the Intoxilyzer 8000 in 2002. Georgia legal authority still stubbornly refuses to provide DUI defendants with the statutorily required Full Information regarding the obsolete Intoxilyzer 5000 by performing remarkable feats of linquistic gymnastics to obfuscate the clear and simple language "full information concerning the test or tests shall be made available..." The very same full information which has allowed the truth to come to light in Florida. Georgia continues to backslide into the dark ages of scientific evidence applying a stricter standard of evidence, the Daubert standard, in civil cases than in criminal cases. Apparently, protecting cigarette manufacturers is more important that those that are presumed innocent but accused of crimes. There is a war going on for your mind. If you are thinking, you are winning.
The following is an estimate of Metro Atlanta DUI arrests in selected Metro Atlanta Counties for one week based on publicly available records. The information is only as accurate as the public records from which it is obtained.
Atlanta DUI Arrests
51
13
out of 486,411 (7/2006 U.S. Census Est.)
0.0001048
5
292.31%
Gwinnett County DUI Arrests
65
60
out of 789499 (2008 U.S.Census Est.).
0.0000823
8
8.33%
DeKalb County DUI Arrests
41
33
out of 739956 (7/2006 U.S. Census Est.).
0.0000554
10
24.24%
Fayette County DUI Arrests
11
14
out of 106465 (7/2006 U.S. Census Est.).
0.0001033
6
-21.43%
Henry County DUI Arrests
39
41
out of 191502 (7/2006 U.S. Census Est.).
0.00020365
2
-4.88%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)
22
7
out of 9862 (2000 U.S. Census Est.)
0.0022308
1
214.29%
Cobb County DUI Arrests
42
63
out of 698158 (2008 U.S. Census Est.)
0.0000602
9
-33.33%
City of Roswell DUI Arrsets
17
12
out of 87802 (2003 U.S. Census Est).
0.0001936
3
41.67%
Clayton County DUI Arrests
38
38
out of 273718 (7/2006 U.S. Census Est.).
0.000138829
4
0.00%
Total Metro Atlanta DUI Arrests
326
281
out of 3,383,373 (Combined Above-Listed U.S. Census Est.).
0.0000964
Total: Rank N/A
16.01%
Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.
The following is an estimate of Metro Atlanta DUI arrests in selected Metro Atlanta Counties for one week based on publicly available records. The information is only as accurate as the public records from which it is obtained.
Jurisdiction
DUIs
DUIs last week
Population
Arrest Per Population
Police Ranks
Percent Change
Atlanta DUI Arrests
13
44
out of 486,411 (7/2006 U.S. Census Est.)
0.0000267
10
-70.45%
Gwinnett County DUI Arrests
60
92
out of 789499 (2008 U.S.Census Est.).
0.0000760
8
-34.78%
DeKalb County DUI Arrests
33
31
out of 739956 (7/2006 U.S. Census Est.).
0.0000446
9
6.45%
Fayette County DUI Arrests
14
15
out of 106465 (7/2006 U.S. Census Est.).
0.0001315
5
-6.67%
Henry County DUI Arrests
41
36
out of 191502 (7/2006 U.S. Census Est.).
0.00021410
2
13.89%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)
7
16
out of 9862 (2000 U.S. Census Est.)
0.0007098
1
-56.25%
Cobb County DUI Arrests
63
51
out of 698158 (2008 U.S. Census Est.)
0.0000902
6
23.53%
City of Roswell DUI Arrsets
12
10
out of 87802 (2003 U.S. Census Est).
0.0001367
4
20.00%
Clayton County DUI Arrests
38
52
out of 273718 (7/2006 U.S. Census Est.).
0.000138829
3
-26.92%
Total Metro Atlanta DUI Arrests
281
347
out of 3,383,373 (Combined Above-Listed U.S. Census Est.).
0.0000831
Total: Rank N/A
-19.02%
Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.
"When everyone is a criminal, no one is free." Colin Dodd, Washington Post.
Actor Mel Gibson's DUI arrest and accompanying rant in California garnered extensive media coverage. Savvy Media watchers may have noticed that his DUI was expunged last week and maybe surprised. What is an expungement? Basically, an expungement is when you have an arrest and/or conviction removed from your criminal record. California law has extremely lenient DUI expungement provisions. California law provides that
1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation
2) has been discharged prior to the termination of the period of probation
3) in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section,
then the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.
Wow! Can you say free pass.
In Georgia, DUI offenders are not so lucky. A Georgia expungement is only available by agreement of the Sheriff of the county of conviction and the prosecuting attorney without a statutory provision for expungement. The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File.
Georgia expungement law provides specifically that : An individual has the right to have his or her record of such arrest expunged, including any fingerprints or photographs of the individual taken in conjunction with such arrest, if the prosecuting attorney determines that the following criteria have been satisfied:
(A) An individual who was arrested for an offense under the laws of this state but subsequent to such arrest is released by the arresting agency without such offense being referred to the prosecuting attorney for prosecution; or after such offense referred to the proper prosecuting attorney, and the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation of this subsection;
(B) No other criminal charges are pending against the individual; and
(C) The individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration.
This means that in Georgia if you are arrested but your case is dismissed before you ever even get a court date, you have a legal right to expunge your Georgia DUI. Of course, this never happens.
Greg Kane, MD reveals the truth behind the National Highway Traffic Safety Administration (NHTSA) standardized field sobriety evaluation (SFSTs) validation studies. In his article "Crying Wolf: What never before published data proves about Standardized Field Sobriety Testing," Trial Talk, August/September 2008, Dr. Kane analyzes the raw data from NHTSA validation studies and comes up with suprising results. First, for drivers at the 0.04 blood alcohol content (BAC), the raw validation study data indicates that only 7% of field testing results are accurate. This means that DUI field testing convicts 93% of innocent drivers. The raw data suggests for drivers with blood alcohol content under 0.08 DUI police officers guess of blood alcohol content was correct 71% of the time and convicted 29% of innocent drivers. By comparison, for drivers under 0.08 blood alcohol content, field sobriety tests were only 29% correct in their estimation of BAC and standardized field sobriety tests convicted 71% of innocent drivers. Georgia DUI Police officers are trained in and use these very same DUI Field Sobriety Tests and often testify about the accuracy of validation studies in Georgia DUI jury trials. Greg Kane, M.D. owns Experts, Inc., (www.medmalExperts.com) an Englewood based consultingfirm that reviews medical malpractice claims and refers attorneys across America to physician expert witnesses in all specialties. The article is available at http://fieldsobrietytest.info/KanePDF/KaneFSTCryingWolf.pdf
The following is an estimate of Metro Atlanta DUI arrests in selected Metro Atlanta Counties for one week based on publicly available records. The information is only as accurate as the public records from which it is obtained.
Jurisdiction
DUIs
DUIs last week
Population
Arrest Per Population
Police Ranks
Percent Change
Atlanta DUI Arrests
44
53
out of 486,411 (7/2006 U.S. Census Est.)
0.0000905
8
-16.98%
Gwinnett County DUI Arrests
92
72
out of 789499 (2008 U.S.Census Est.).
0.0001165
5
27.78%
DeKalb County DUI Arrests
31
23
out of 739956 (7/2006 U.S. Census Est.).
0.0000419
10
34.78%
Fayette County DUI Arrests
15
20
out of 106465 (7/2006 U.S. Census Est.).
0.0001409
3
-25.00%
Henry County DUI Arrests
36
35
out of 191502 (7/2006 U.S. Census Est.).
0.00018799
2
2.86%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)
16
25
out of 9862 (2000 U.S. Census Est.)
0.0016224
1
-36.00%
Cobb County DUI Arrests
51
37
out of 698158 (2008 U.S. Census Est.)
0.0000730
9
37.84%
City of Roswell DUI Arrsets
10
13
out of 87802 (2003 U.S. Census Est).
0.0001139
6
-23.08%
Clayton County DUI Arrests
38
52
out of 273718 (7/2006 U.S. Census Est.).
0.000138829
4
-26.92%
Total Metro Atlanta DUI Arrests
333
330
out of 3,383,373 (Combined Above-Listed U.S. Census Est.).
0.0000984
Total: Rank N/A
0.91%
Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.
The following is an estimate of Metro Atlanta DUI arrests in selected Metro Atlanta Counties for one week based on publicly available records. The information is only as accurate as the public records from which it is obtained.
Jurisdiction
DUIs
DUIs last week
Population
Arrest Per Population
Police Ranks
Percent Change
Atlanta DUI Arrests
53
41
out of 486,411 (7/2006 U.S. Census Est.)
0.0001090
6
29.27%
Gwinnett County DUI Arrests
72
70
out of 789499 (2008 U.S.Census Est.).
0.0000912
8
2.86%
DeKalb County DUI Arrests
23
35
out of 739956 (7/2006 U.S. Census Est.).
0.0000311
10
-34.29%
Fayette County DUI Arrests
20
20
out of 106465 (7/2006 U.S. Census Est.).
0.0001879
3
0.00%
Henry County DUI Arrests
35
31
out of 191502 (7/2006 U.S. Census Est.).
0.00018277
4
12.90%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)
25
22
out of 9862 (2000 U.S. Census Est.)
0.0025350
1
13.64%
Cobb County DUI Arrests
37
46
out of 698158 (2008 U.S. Census Est.)
0.0000530
9
-19.57%
City of Roswell DUI Arrsets
13
0
out of 87802 (2003 U.S. Census Est).
0.0001481
5
#DIV/0!
Clayton County DUI Arrests
52
38
out of 273718 (7/2006 U.S. Census Est.).
0.000189977
2
36.84%
Total Metro Atlanta DUI Arrests
330
303
out of 3,383,373 (Combined Above-Listed U.S. Census Est.).
0.0000975
Total: Rank N/A
8.91%
Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.
The following is an estimate of Metro Atlanta DUI arrests in selected Metro Atlanta Counties for one week based on publicly available records. The information is only as accurate as the public records from which it is obtained.
Jurisdiction
DUIs
DUIs last week
Population
Arrest Per Population
Police Ranks
Percent Change
Atlanta DUI Arrests
41
24
out of 486,411 (7/2006 U.S. Census Est.)
0.0000843
7
70.83%
Gwinnett County DUI Arrests
70
72
out of 789499 (2008 U.S.Census Est.).
0.0000887
6
-2.78%
DeKalb County DUI Arrests
35
44
out of 739956 (7/2006 U.S. Census Est.).
0.0000473
9
-20.45%
Fayette County DUI Arrests
20
11
out of 106465 (7/2006 U.S. Census Est.).
0.0001879
2
81.82%
Henry County DUI Arrests
31
42
out of 191502 (7/2006 U.S. Census Est.).
0.00016188
3
-26.19%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)
22
17
out of 9862 (2000 U.S. Census Est.)
0.0022308
1
29.41%
Cobb County DUI Arrests
46
46
out of 698158 (2008 U.S. Census Est.)
0.0000659
8
0.00%
City of Roswell DUI Arrsets
0
7
out of 87802 (2003 U.S. Census Est).
0.0000000
10
-100.00%
Clayton County DUI Arrests
38
37
out of 273718 (7/2006 U.S. Census Est.).
0.000138829
4
2.70%
Total Metro Atlanta DUI Arrests
303
300
out of 3,383,373 (Combined Above-Listed U.S. Census Est.).
0.0000896
Total: Rank N/A
1.00%
Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.
To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.
Resources 
According to a police report for the City of Oxford Police Department in Ohio, a Halloween reveler, James Miller of Cincinnati, found himself in a scary situation and was arrested for Driving Under the Influence or as they say in Ohio OVI while disguised as a DUI portable alcohol breath test device. He was observed driving the wrong way out of the entrance to a one way street. Officers placed him under arrest for DUI. Officer found what was left of a case of bud light and mutliple Ohio ID's in his wallet. Mr. Miller is 20 years old. In Georgia, portable breath devices are only admissible as positive or negative for the presence of alcohol. The Devices are approved by the Georgia Bureau of Investigation for initial breath screening only and not for a numerical result as the portable devices are not deemed scientifically reliable. The approved devices are Alcoyzer manufacturered by Intoximeter Inc; the Alco-Sensor IV and the Alco-Sensor III and RBT utilizing the Alco-Sensor II, Alco-Sensor IV and Alco-Sensor FST manufactured by Intoximeter, Inc. , the A.L.E.R.T. system manufactured by Alcohol Countermeasures System, Inc., the CMI Model SD-2 manufactured by Lion; the CMI Model SD-5, Intoxilyzer Model 300 and Model 400 manufactured by CMI, Inc.; the Lifeloc Model FC10 Alcohol Analyzer manufactured by Lifeloc Technologies. Atlanta Georgia DUI lawyers generally recommend that you not give a breath sample if you are stopped for suspicion of DUI because proving some one is less safe because of alcohol consumption is difficult.
The Heraldtribune.com reported on September 20, 2009 that two top experts have declared the DUI Breath testing device known as the Intoxilyzer 5000 scientifically unreliable in Florida. Florida law only required the Intoxilyzer 5000 to be checked for calibration for DUI breath tests once a month. The new DUI breath testing machine used by Florida, the Intoxilyzer 8000-an updated verison of the 5000 model, runs calibration checks or control runs before and after each breath test submitted by persons arrested for DUI. The Intoxilyzer 8000 rejects an average of about 70 DUI alcohol breath tests a month. This means at least as many Intoxilyzer 5000 test results are invalid every month but are still relied upon as evidence to convict in courts in the State of Georgia. These Florida experts testified that the currently accepted scientific practice is that DUI breath test calibration test or a control test must be run during each DUI Alcohol Breath test to ensures scientifically accurate results. Scientists used to believe that running calibration test once a month on DUI breath testing devices was good enough but that opinion has changed over the past few years. Prosecutors responded by stating that just because it is not scientifically reliable doesn't mean its not accurate. As a result hundreds of cases have been either dismissed or reduced. Read the article: 
Actor Mel Gibson's DUI arrest and accompanying rant in California garnered extensive media coverage. Savvy Media watchers may have noticed that his DUI was expunged last week and maybe surprised. What is an expungement? Basically, an expungement is when you have an arrest and/or conviction removed from your criminal record. California law has extremely lenient DUI expungement provisions. California law provides that