The Atlanta DUI News Blog

How You Can Be Charged With DUI Child Endangerment

2013-04-09T18:59:03Z

If you've been out with your family and had a little too much to drink, you should think twice before getting behind the wheel -- or you could be charged with child endangerment.

When a driver is charged with a DUI and has one or more children under the age of fourteen in the car, he or she can also be charged with the separate offense of "endangering a child while driving under the influence."

DUI Child Endangerment

In Georgia, when children are present in a car with a drunk driver, the police can file child endangerment charges in addition to a DUI charge.

A separate and additional charge can be filed for every child present in the car. For example, if you're charged with a DUI and you had two kids in the car with you, you could also face two counts of child endangerment.

Sentencing and Punishment for DUI Child Endangerment in Georgia

If convicted of both a standard DUI and a DUI with child endangerment, a court will sentence the driver for both DUIs. Each charge will be treated as a separate crime, even where both charges arise from the same event.

For example, if you were charged with a DUI and two counts of a DUI with child endangerment during the course of one traffic stop, you could be deemed a habitual violator if you are convicted of all three offenses.

The fines and penalties in Georgia for a DUI with child endangerment are as follows:

Conviction of a first offense is punishable by up to one year in jail and a maximum fine of $1,000. However, if a person is also convicted of child endangerment, the judge has discretion to impose additional jail time.
Conviction of a second offense is punishable by up to one year in jail and a maximum fine of $5,000.
Conviction of a third offense is a felony punishable by up to five years in jail and a fine of at least $10,000.

DUI cases are complex. DUI cases involving child endangerment are incredibly complex. If you are facing a DUI offense that may involve a child endangerment issue, it could be in your best interest to speak to an experienced DUI attorney.

Related Resources:

A Quick Guide to Georgia's DUI Laws (FindLaw's Atlanta DUI Law Blog)
5 Bad Moves That Can Make Your DUI Worse (FindLaw's Atlanta DUI Law Blog)
Atlanta DUI / DWI Lawyers, Atlanta DUI / DWI Attorneys and Law Firms - Georgia (FindLaw)

5 Bad Moves That Can Make Your DUI Worse

2013-03-28T08:51:01Z

Getting a DUI is bad enough. But there are a few ways to make it even worse.

The state of Georgia is already known for having some of the toughest DUI laws in the land, according to Yahoo! Voices. Your first drunken driving offense could cause you to lose your license for a whole year.

Under Georgia's DUI laws, it's illegal to drive with a blood alcohol concentration of 0.08%. But that's just a DUI at the most basic level.

When you're already facing such tough laws in Georgia, why would you want to aggravate the DUI even further?

Here are some ways you can make a DUI worse. Be aware of these aggravating circumstances the next time you pick up a drink:

Speeding. If you're caught speeding and driving under the influence, be ready for additional charges when you go in front of a judge. Not only will you have to face DUI and speeding charges, but you may find yourself looking at a reckless driving charge as well. That means more potential penalties and possibly even higher fines.

Repeat offenses. If you've been arrested for driving under the influence in the past, chances are that you won't be given much amnesty from the cops (or from the court) if you do it again. As your number of DUI offenses go up, so do your potential penalties.

Driving with kids in the car. Don't and drive with kids in the car. It can add to your DUI charge and you can find yourself with steeper penalties.

Fighting with the cops. When you're pulled over for driving under the influence, try your best to cooperate. Don't pick a fight with the officer. You'll only add the charge of resisting arrest to your rap sheet.

Seriously injuring someone. When your DUI results in serious injury or death, you will inevitably find yourself facing some serious charges, such as vehicular homicide or aggravated assault.

Don't make a DUI worse than it already is. If you find yourself in a sticky situation, have a chat with an experienced DUI lawyer to see what your options are.

Related Resources:

A Quick Guide to Georgia's DUI Laws (FindLaw's Atlanta DUI Law Blog)
How Much Can a DUI Cost in Atlanta? (FindLaw's Atlanta DUI Law Blog)
DUI Laws & Resources (FindLaw)

How Much Can a DUI Cost in Atlanta?

2013-03-20T09:47:01Z

The next time you reach for a drink, think about how much a DUI conviction could cost you.

A recent a study conducted by the Automobile Club of Southern California put a huge price tag on basic first-time DUIs in that state. According to the study, a DUI can cost up to $15,649 in California, reports the Los Angeles Times.

And those numbers don't even take into account other associated DUI costs.

How can a DUI can cost you? Let us count the ways:

State and local fines. In Georgia, a first-time DUI offense can result in a state fine from $300 to $1,000. There's also a license reinstatement fee of $210.

The cost of restitution. Restitution is the legal word for paying the victim of a DUI crash to make him whole. This can come from the DUI court imposing restitution, or it can come from a civil lawsuit.

Insurance. Insurance premiums can go up as a result of your DUI. If you're sued for property damage as the result of the DUI, expect higher premiums as well.

Ignition interlock: Installing an ignition interlock device in a vehicle can be costly. The cost of an ignition interlock device takes into account the installation as well as the monthly rental fee.

Lost wages from jail time. If you end up in jail as the result of a DUI, you might find yourself unable to attend your job for a few days, or longer.

Legal fees. You'll probably need to pay a lawyer to defend your case. The cost of retaining an attorney isn't minor. Depending on the complexity of the case, the costs of defending a DUI can go well into the thousands.

Bail. The cost of posting bail can be pricey. Bail bonds might be easy to obtain, but they don't come without hidden fees and costs.

Related Resources:

Georgia DUI Laws (FindLaw)
The FindLaw Guide to DUI Charges (FindLaw - Free Download)
Having Your Car Impounded After a DUI (FindLaw)
Find an Atlanta DUI Lawyer (FindLaw)

Hit-and-Run Can Make a DUI Case Worse

2013-03-14T09:51:01Z

If you're driving drunk and get into a crash, don't make your case worse by fleeing the scene.

If you accidentally hit someone and cause injury, running away won't solve your problems, especially if someone was accidentally killed. In Georgia, you could face charges of hit-and-run, or fleeing the scene of an accident.

Basically, if you hit anyone, you have the obligation to stop your car. You must also provide your name, address and the registration number of your vehicle.

If anyone at the scene is injured, you have a legal duty to assist them in getting transportation to a hospital. This means that you should call 911 if they appear gravely hurt.

If you fail to do any of these things, you can be found guilty of a misdemeanor. This could come with jail time of up to 12 months and a fine of $1,000.

But that's only one part of a case involving a death by vehicle. It could get you a homicide charge as well.

Involuntary homicide is where a death is unintended but caused by criminal negligence. Criminal negligence is defined as the failure to use reasonable care to avoid consequences that threaten or harm the safety of others.

So, if you're driving drunk and accidentally kill someone, you're in hot water. But if you flee the scene, you can only aggravate the situation even further.

If you flee, then you're potentially looking at charges of DUI, hit-and-run, and vehicular homicide as well. Remember, you don't need to intend to cause a death in order to be guilty of homicide.

Related Resources:

Find an Atlanta DUI Lawyer (FindLaw)
Understanding Georgia DUI Laws (The Atlanta DUI News Blog)
Will Success of Georgia Drug Courts Help DUI Courts?(FindLaw's Atlanta DUI Law News)
The FindLaw Guide to DUI Charges (FindLaw - Free Download)

A Quick Guide to Georgia's DUI Laws

2013-03-07T21:14:01Z

How do DUI laws work in Georgia?

DUI sentencing and penalties are based on the level of a DUI infraction. The higher up you go on the DUI chain, the stiffer your punishment gets.

Here's a primer on Georgia DUI laws and the levels of DUI offenses in Georgia.

First Timers

If your DUI offense is your first one, then you will likely have to complete DUI school. You will also be fined between $300 and $1,000.

In some cases, you may also get jail time of 10 days. If you're one of the unlucky ones, you could face jail time of up to 12 months. This could depend on whether there were aggravating circumstances surrounding your DUI. For example, if you were speeding more than 30 mph over the posted limit, you could face more jail time. The same goes for refusing a BAC test.

And if your DUI resulted in a death, then you could be looking at much more serious time and possibly additional offenses.

In any event, the simplest DUI infraction will get you 12 months of probation.

Second Timers

If you get a second DUI within a 10-year period, then your driver's license will be suspended for two years, unless you enroll in alcohol treatment. In the case of the latter, your license will be suspended for one year.

You will also have to pay a fine of anywhere between $600 and $1,000. There's also jail time of anywhere from 90 days to 12 months.

And, let's not forget DUI school and community service.

Finally, those who are second-time offenders must have an ignition interlock device installed in their vehicles for six months.

Third Timers

Those with a third DUI offense within a 10-year window are looking at a license suspension of five years -- unless they complete treatment, in which case it's two years.

The fine is also much steeper here: anywhere from $1,000 on the low end to $5,000 on the high end.

There's also possible jail time of not less than 120 days.

Fourth Timers

At this level, we're looking at felony DUI. It calls for five years of license suspension (or two years, if the offender completes treatment). The fine is the same as the fine for third timers.

Where this DUI differs is with potential incarceration. It can go as long as five years.

If you've been arrested for DUI, talk to a lawyer. It might be worth it to have your offense brought down to a lower one. A good DUI attorney will be able to make that happen.

Related Resources:

Understanding Georgia DUI Laws (The Atlanta DUI News Blog)
Will Success of Georgia Drug Courts Help DUI Courts?(FindLaw's Atlanta DUI Law News)
Find an Atlanta DUI Lawyer (FindLaw)

What Are Georgia's BUI Laws?

2013-02-26T20:01:08Z

Driving a car under the influence of alcohol isn’t the only way to get into a fatal accident. According to the U.S. Coast Guard, 50 percent of all boating fatalities each year are attributed to alcohol. In fact, the U.S. Coast Guard warns that alcohol is more dangerous on water than it is on land. Anyone who goes boating on Lake Lanier knows these statements to be true.

After last year’s deadly boating accidents, a state legislator has taken it upon himself to introduce a new bill to improve boating safety.

Republican State Senator Butch Miller introduced Senate Bill 136, named after Kile Glover and Jake and Giffin Prince, three casualties of Lake Lanier last summer. The latter two were young boys, killed in 2012 when a drunk boater crashed into their pontoon.

Boating under the influence (BUI) is a crime. But many don't realize that. Boating is often seen as a form of summer recreation. And with summer recreation, comes drinking. So many tend to forget the dangers of boating while under the influence of alcohol.

The Georgia Boat Safety Act makes it illegal for anyone over 21-years-old to operate a boat with a BAC of 0.10 or higher. The law makes it illegal for anyone under the age of 21 to operate a boat with a BAC of 0.02 or higher. The new bill would bring the illegal BAC down to 0.08 percent, in line with current Georgia BAC limits for DUIs.

Another part of this proposed BUI legislation would limit the age of the driver. Those between the ages of 12 and 15 would not be allowed to operate the vessel without adult supervision.

Boating under the influence of alcohol is dangerous and can be fatal. The consequences are dangerous yet often neglected, as people tend to focus on the dangers of drinking and driving.

Related Resources:

Man Charged With Homicide by Vessel for Prince Brothers' Deaths (FindLaw's Atlanta DUI Law Blog)
Boating Under the Influence (FindLaw)
Atlanta DUI Lawyers (FindLaw)

Distracted Driving Is as Dangerous as Drinking and Driving

2013-02-21T21:56:01Z

Texting while driving can be just as deadly as drunken driving. According to the National Highway Transportation Safety Administration, texting while driving creates a crash risk 23 times worse than driving while not distracted.

We've written about distracted driving many times on this blog, largely because the dangers of texting while driving are very similar to drinking and driving.

Here's a recap of some of our posts.

Back in 2011, we reported that Transportation Secretary Ray LaHood was trying to push states to enact laws against texting while driving. His proposal was for states to model their texting-while-driving laws after the standard DUI laws, making it a crime to text and drive.

Georgia has a texting and driving law, which makes it a misdemeanor to text and drive, penalizing offenders with a $150 fine. Under this law, there had been fewer than two convictions per day ever since the law was enacted. But that law doesn't apply to all cell phone use. It applies to texting. Thus, if someone is looking up online maps while driving, the act arguably isn't punishable.

Other interesting facts on distracted driving point to the danger of listening to music while driving. While there has been some indication that certain music is more likely to cause accidents, other studies indicate that long MP3 lists are linked more car accidents. The reason is that long MP3 lists require drivers to take their eyes off the road.

At the end of the day, distracted driving is dangerous, whether not there's a law that specifically addresses the form of distraction or not. So whether you're texting or choosing songs on your MP3 player, think twice before clicking or surfing while driving.

It could be a matter of life or death.

Related Resources:

5 Apps to Stop Distracted Driving (FindLaw's Atlanta DUI Law Blog)
Distracted Driving and Texting While Driving (FindLaw)
Find an Atlanta DUI Lawyer (FindLaw)

A Guide to Georgia's Open Container Law

2013-02-15T21:20:01Z

You've heard of open container laws. Many states have them, including Georgia.

It's illegal to drive while under the influence. It's also illegal to have an open container of alcohol near you when you are driving.

So what is Georgia's open container law and how does it work?

The enforcement of open container laws changes depending on the locality you live in. While it's a state law, the enforcement of it varies. In Atlanta, for example, you could get nailed with a citation and a fine.

Here's what you need to know about Georgia's open container laws:

What's the law say? Open container laws prohibit open containers of alcohol in certain public places and in vehicles. Under this law, both the consumption and the possession of an open alcoholic beverage are prohibited. Furthermore, these laws apply to open containers in the passenger areas of the vehicle and unlocked glove compartments.

What's the statute? If you want to look up the law, have a peek at Georgia Code, Section 40-6-253(b). This is in line with the federal law on open containers, which also says that states will get a certain amount of highway funding for sticking to these federal guidelines.

Can you fight a citation? If you got your citation in Atlanta, you can go online and pay your fine. But if you plan to fight your citation, the instructions on the ticket should tell you how to appeal. If you do appeal, you will need to have a good story. The story should be factual, not emotional.

The reality is that getting cited for an open container violation is sometimes a lose-lose situation. It's such a minor infraction that fighting it with a lawyer doesn't really help much. It's a headache and not worth the effort. But it does go on your record and can be a slight burden.

So the lesson here, as always, don't get caught with an open container. And don't drink and drive.

Related Resources:

Understanding Georgia DUI Laws (The Atlanta DUI News Blog)
Will Success of Georgia Drug Courts Help DUI Courts?(FindLaw's Atlanta DUI Law News)
Find an Atlanta DUI Lawyer (FindLaw)

5 Apps to Stop Distracted Driving

2013-01-31T13:44:01Z

According to the National Highway Transportation Safety Administration (NHTSA), distracted driving creates a crash risk 23 times worse than driving while not distracted. Combine distracted driving with drunken driving, and you get a disaster waiting to happen.

There have been many initiatives to try to curb distracted driving. But the use of handheld devices and smartphones makes it difficult for drivers to keep their attention focused on the road.

This is especially the case with younger drivers, who are infamous for texting while driving. The idea that many people have is that they can multitask and do both.

But all it takes is one second for the unthinkable to happen. Here are some apps that can help deal with texting while driving:

AT&T's DriveMode. This app is free. You can use it on Android devices, BlackBerry and iPhone. What it does is send an automatic response to anyone who texts you while you're driving, NBC News reports. It also disables incoming and outgoing calls and doesn't allow you to surf the Web.
tXtBlocker. You can program your phone with "no cell zones" so it won't accept incoming calls or texts when you're at certain locations at a certain time of day. The app costs $6.99 a month.
OneProtect. This app prohibits a driver from using the phone while the car is in motion. The phone locks up once the car hits a certain speed, according to Mashable.
Textecution. This app is very similar to the OneProtect app, but it's available only on Android. It blocks all texting once the car hits 10 mph.
Sprint "Drive First." This app is very similar to Textecution and OneProtect, with an automatic block kicking in at 10 mph. It costs $2 per phone per month. It's available for Sprint users.

Take a look at the apps available and see if any one of them is right for you. Remember, texting while driving can be just as dangerous as drinking and driving.

Play it safe. Don't text and drive!

Related Resources:

Georgia DUI Laws (FindLaw)
Fighting Drunk Driving Charges by Challenging Breath Test Results (FindLaw)
Understanding Georgia DUI Laws (Findlaw's Atlanta DUI Law Blog)
Find an Atlanta DUI Lawyer (FindLaw)

4 Ways to Challenge DUI BAC Tests in Georgia

2013-01-22T13:55:01Z

Once you've been arrested for DUI and have had a BAC test, you might think there's no hope, especially given Georgia's implied consent laws.

That's not always true. Did you know that there are ways to challenge a blood alcohol test?

Here are four ways to potentially challenge a DUI blood test or a DUI breath test:

1. Bad Breathalyzers.

For starters, there have been many questions on legitimacy of breath tests and their accuracy. In many states, certain Intoxilyzer machines have been found to have problems, leading to unreliable results. In some states, the calibration of those machines was brought to issue. As a result, numerous BAC tests were ruled inadmissible.

But how about challenging a blood test?

2. Staff and personnel administering the test weren't qualified.

This could mean that the person isn't licensed to conduct the blood test. It could also mean that the person isn't doing the test properly.

3. The chain of custody has gaps or inconsistencies.

All evidence from a crime is supposed to be treated in a very delicate manner. As such, it's important to know who had custody of the evidence and when, to ensure it wasn't tampered with. If there are any gaps in the chain of custody or any reason to believe that someone in the chain of custody was suspicious, this can be raised.

4. Improper use or maintenance of equipment.

The equipment used to conduct a breath test, a blood test or a urine test must still be managed, calibrated and used properly in order to achieve reliable results.

Know that a DUI can be challenged -- even if the blood, urine or breath tests show a high concentration of alcohol. It's definitely an avenue you'll want to explore with your DUI lawyer.

Related Resources:

Georgia DUI Laws (FindLaw)
Fighting Drunk Driving Charges by Challenging Breath Test Results (FindLaw)
Understanding Georgia DUI Laws (Findlaw's Atlanta DUI Law Blog)

A Primer on Ignition Interlock in Georgia

2013-01-17T13:39:01Z

If you've been caught drinking and driving in the state of Georgia, you might be asking about ignition interlock.

Despite this being a part of DUI law in many states, not everyone knows what ignition interlock means or how to go about and get it. But if you find yourself in a position where you need to apply to an ignition interlock program, you might want to educate yourself.

Here's a quick primer.

How ignition interlock devices work.

Ignition interlock devices are used to prevent a driver from operating a vehicle while under the influence of alcohol. The devices prevent the vehicle from operating when a certain amount of alcohol can be detected in the driver's breath.

What Georgia DUI law says about ignition interlock devices.

In the state of Georgia, repeat DUI offenders within a five-year period must have an ignition interlock device installed in their vehicle.

A second-time offender must wait, however, before applying to the IID program. The second-time DUI offender must wait until the end of a 12-month suspension. That's when they can apply to the IID program. And even then, eligibility hinges on the completion of an alcohol or drug risk reduction program and a clinical evaluation.

Where you can get ignition interlock devices installed in Atlanta?

Ignition interlock providers are listed on the Georgia Department of Driver Services (DDS) website. You can choose your county from a drop-down menu and get a list of all providers, with their names, addresses and phone numbers.

Of course, you may want to check out some online reviews, such as those on Yelp, or check with the Better Business Bureau of Metro Atlanta before selecting a provider. And if you have any questions or concerns about your DUI sentence, check out FindLaw's online directory of Atlanta DUI lawyers.

Related Resources:

How To Become a Georgia Ignition Interlock Provider (Findlaw's Atlanta DUI Law Blog)
Understanding Georgia DUI Laws (Findlaw's Atlanta DUI Law Blog)
Georgia DUI Law (FindLaw)

Trial Begins for Drunk Driver Who Killed Veteran Officer

2013-01-11T20:06:40Z

Back in January of last year, Atlanta Police Senior Officer Gail Thomas was killed by a suspected drunk driver while directing traffic on I-75.

On Friday, Chastity Jones went to trial for the crime, South Cobb Patch reports. Jones is facing 13 counts, including DUI and homicide by vehicle in the first degree. She could spend up to 15 years in prison if convicted.

On January 24 of last year, Thomas was working to divert traffic away from a crash on Interstate 75/85 southbound at the Brookwood Interchange. Jones allegedly struck Thomas in her Honda Civic, killing the officer.

According to authorities, Jones blew a blood alcohol content of .16 percent at the scene of the accident. That's twice Georgia's legal limit of .08 percent. She also reportedly refused to submit to a blood test.

Homicide by vehicle is arguably the most serious DUI-related offense. Generally, a person who causes the death of another person while committing another driving offense can be charged with homicide by vehicle.

Driving offenses that can lead to a vehicular homicide charge include: DUI, driving recklessly, hit-and-run, failing to stop for a school bus, and fleeing from the police.

A conviction is punishable by up to 15 years in prison. While Jones will likely ask for leniency, prosecutors are expected to push for the maximum sentence.

Just last week, another Atlanta police officer became the victim of an alleged drunk driver. Officer Osbert Beckles suffered head and chest injuries as well as multiple broken bones when Scott Eugene Welker slammed his Hyundai into Beckles' patrol car. Welker is now facing a number of charges, including DUI and serious injury by vehicle.

Related Resources:

Call an Atlanta DUI Lawyer (FindLaw)
Update: Woman, 22, Charged with DUI, Vehicular Homicide in Veteran Cop's Death (Examiner)
Drunk Driving Accidents (FindLaw)
Atlanta CEO Arrested for DUI Over the Holidays ... Twice (FindLaw's Atlanta Family Law Blog)

Atlanta CEO Arrested for DUI Over the Holidays ... Twice

2013-01-09T21:51:01Z

Frank Circelli, founder and chairman of the Gem Shopping Network, had a rough holiday season.

Circelli was arrested for DUI not once, but twice within the same week, The Atlanta Journal-Constitution reports. The first arrest took place Christmas morning, while the second occurred just after midnight on New Year's Day.

The CEO now faces a number of DUI offenses and at least one drug offense.

Early on Dec. 25, a Suwanee police officer was dispatched to Settles Bridge Road near Barony Drive. The officer reportedly found Circelli asleep at the wheel of his 2008 Jaguar. Circelli's foot was on the brake pedal and music was playing, according to authorities. While the ignition was in the "on" position, the engine wasn't running, the officer said.

The officer put the car in "park" and asked Circelli if he was alright. Circelli reportedly answered by mumbling some profanities before dozing off again. According to the officer, the car reeked of alcohol and there was an open bottle of Grey Goose vodka in a brown bag.

The officer also found a small pill in the car. When asked about it, Circelli again reportedly mumbled expletives at the officer. It turns out the pill was a pain killer for which Circelli had no prescription. The CEO was charged with DUI, open container, and possession of a controlled substance.

Circelli found himself in the drunk tank once again just a week later. Circelli reportedly slammed his Jaguar into the side of a Mazda on Peachtree Industrial Boulevard in Suwanee. The responding officer noted that Circelli's speech was slurred and his eyes were glassy. When questioned, Circelli once again responded with profanities, according to authorities.

Circelli claimed the Mazda had hit him, but the evidence indicated otherwise. He's now facing a dozen charges, including an additional DUI and failure to obey traffic signals.

After the first arrest, Circelli probably shouldn't have been driving. When you're arrested for DUI, the arresting officer will generally issue an administrative suspension of your driver's license. This pre-conviction suspension bars you from driving during the weeks leading up to your hearing.

On top of a license suspension, Circelli is facing some pretty serious penalties. DUI is punishable by up to 12 months in prison, a fine of $1,000, and at least 40 hours of community service. A conviction may also require the completion of an alcohol or drug risk reduction program.

Related Resources:

Find an Atlanta DUI Lawyer (FindLaw)
2 Holiday Arrests for Founder of Gwinett-based National Shopping Channel (Atlanta Business Chronicle)
Driving Under the Influence of Drugs (FindLaw)
Drunken Driver Slams Into Police Car, Causing Serious Injuries (FindLaw's Atlanta DUI Law Blog)

Drunken Driver Slams Into Police Car, Causing Serious Injuries

2013-01-07T20:21:01Z

An Atlanta police officer ended up in the hospital this weekend after an alleged drunken driver plowed into his patrol car.

Officer Osbert Beckles suffered head and chest injuries and multiple broken bones in the crash. Scott Eugene Welker is now facing a whole slew of charges, including DUI and serious injury by vehicle, Channel 2 Action News reports.

Beckles was on traffic patrol in northwest Atlanta late Friday night when the accident took place. As the officer headed onto an I-75 exit ramp near Northside Parkway, a 2011 Hyundai Sonata slammed into his cruiser.

Welker reportedly got out of his car and fled the scene on foot. Police caught up to him a short time later and took him into custody, according to authorities.

The accident was so bad that Beckles was reportedly trapped in his squad car. He was extricated from the wreck and taken to Grady Memorial Hospital for treatment. Although he suffered serious head and chest injuries and multiple broken bones, the officer is expected to recover.

According to authorities, Welker was likely drunk at the time of the accident. He's now facing charges of DUI, leaving the scene of an accident, reckless driving, failure to maintain his lane, improper lane change, and serious injury by vehicle.

As the name implies, serious injury by vehicle applies when a driver causes an accident that leaves another person permanently maimed, disfigured, or brain-damaged. If convicted, Welker could spend up to 14 years in prison for that charge alone.

The accident is reminiscent of a similar incident that took place a year ago this month. Atlanta Police Officer Gail Thomas was killed when a suspected drunken driver crashed into her patrol car on an I-75 exit ramp.

Related Resources:

Need an Atlanta DUI Lawyer? (FindLaw)
Cops: Kennesaw man rams Atlanta officer's car, leaving cop in serious condition (The Atlanta Journal Constitution)
DUI Cases (FindLaw)
Drunken Driver Rudely Interrupts Family by Crashing Into Home (FindLaw's Atlanta DUI Law Blog)

Drunken Driver Rudely Interrupts Family by Crashing Into Home

2012-12-31T20:19:01Z

An alleged drunken driver took a page out of the Kool-Aid Man's playbook Sunday night when he smashed his car right through the wall of an Atlanta home.

The collision sent the kitchen sink and a table flying into the house's occupants. Now Ray Roberts, the driver, is facing charges for DUI, failure to maintain lane, and reckless driving, Fox 5 News reports.

According to authorities, Roberts was probably drunk when he drove through a fence and over a couple yards before smashing into the side of the home Sunday night. The homeowners said that one man had to be hospitalized after the kitchen sink hit him. Another man inside the home suffered injuries after he was hit by a table.

The homeowners weren't Roberts' only victims. His car also took out the house's gas meter. As a result, several homes in the area had to be evacuated until fire officials could stop the gas leak.

Roberts was taken to Grady Memorial Hospital for treatment, but authorities have released any information about his condition. He was placed under arrest at the hospital.

If it's his first DUI offense, Roberts could get up to a year in jail, a maximum fine of $1,000, at least 40 hours of community service, and be made to complete an alcohol risk reduction program if found guilty.

Depending on the extent of his victims' injuries, Roberts could also face a charge for serious injury by vehicle. A driver who causes an accident that leaves another person permanently maimed, disfigured, or brain-damaged can be found guilty of serious injury by vehicle. If convicted, Roberts could face up to 15 years in prison.

The family who lives in the home had to find another place to stay Sunday night. The damage is currently being inspected to determine whether the family can continue to live in the home during the repair work.

Related Resources:

Call an Atlanta DUI Lawyer (FindLaw)
DUI Arrests (FindLaw)
Types of DUI (FindLaw)
17 Killed, 300 Hurt in Holiday Weekend Wrecks in Georgia (FindLaw's Atlanta DUI Law Blog)