Question: I'm looking for a DUI lawyer in Sandy Springs and that's because I was arrested this weekend. I was driving with my girlfriend to go to dinner. We weren't coming back from dinner, or a bar, or a game or a concert. We were just driving to dinner on Roswell Road.

I admit I was drinking before we went out. I had a few beers and a couple of margaritas. It was all good and fun and I even took a shower before going out. I thought the shower would work and it would sober me up, but I guess it doesn't, at least not enough.

I was driving because my girlfriend was pretty drunk and it showed. She always gets drunk faster than me because she's tiny and I know that the smaller you are the quicker you get drunk. At least that's what she tells me. And she takes anti-anxiety drugs and that can interact with the alcohol and she gets a little crazy.

I didn't want to get arrested by the Sandy Springs police and spend the night in jail, but I did. It's embarrassing, especially because I'm a dentist and I have a lot of patients and I always warn my kids about drinking and driving; I know it can be dangerous and cost money if you get busted.

The cop pulled me over and I said I'd been drinking because I didn't want to lie and I said I took a long, cold shower and that I was feeling sober. But when I took the breath test I got a .198. I did not think I'd be near that number. I felt fine. I thought the shower sobered me up.

Now I'm dealing with a DUI in the city of Sandy Springs and I want a lawyer who can help be with it and make sure that I can get it reduced or get me a good deal where I don't have to go to jail. My aunt said you were great DUI attorneys and that's why I'm writing.

I'd also like to know if I can get out of doing probation because I'd rather not be on probation.

L.K. in Dunwoody, GA

Answer: Thank you for your submission. You've raised some interesting questions.

Traditionally, many people feel that a shower “sobers” someone up. In movies and in books it is common for a character to take a shower to help regain sobriety. However, taking a shower does not actually “sober” someone up in the technical sense of lowering their blood-alcohol concentration. A hot shower or a cold shower does not have an effect on alcohol that has been ingested into your body. A shower can, however, wake someone up and certainly clean them up so they look more presentable.  

Body size does have an impact on intoxication. Smaller people tend to get drunk faster than larger people, that's a fact. But this isn't always true. People process alcohol in different ways, so it would certainly not be uncommon for a smaller person to be “less drunk” than a much larger person, both having consumed the same amount of drinks. Perhaps the smaller person just has a body that more efficiently processes alcohol, for instance. It actually happens quite a bit.

Whether someone pleads guilty to or is convicted of a DUI or Reckless Driving, probation is almost always required. The DUI statute, O.C.G.A. § 40-6-391, actually requires an individual to be placed on probation. There can, however, sometimes be exceptions depending on the specific court, judge and solicitor/prosecutor. In Sandy Springs it would be highly unlikely for probation to be waived in its entirety.

If you have any questions, please contact a Sandy Springs DUI attorney and let us help you.