MARTA, Uber and Designated Drivers: Why You Still Get a DUI in Atlanta without even Driving the Way You Think.

MARTA, Uber and Designated Drivers: Why You Still Get a DUI in Atlanta without even Driving the Way You Think.

Whenever you hear of a DUI, the first thing that comes to your mind is that blue-lit police car pulling a madam in the highway in the middle of the night. In Atlanta, though, the paths to a conviction may be much more sinister – and much more probable than you imagine. Even when you are on the way to work in MARTA or in the Uber, or when you are with your friend and she is the designated driver, you can still find your no driving approach backfiring. This is why it is imperative to be aware of the subtleties of the law, and the importance of having a well-educated lawyer in form of Atlanta DUI Attorney, that is where James Yeargan comes in.

1. MARTA: The Public Transit Secret Threat.

a. The “No-Driving” Myth

People usually think that when you ride a bus or a train then you are not going to be caught with a DUI. The point is that the law does not know whether you are driving or a passenger; it will know your amount of alcohol that is circulating in you bloodstream. Even when you are a drinker, but you are a MARTA rider, then you can be pulled over and tested. A breathalyzer test of a driver will not determine your case but the legal authorities can suspect one in case he or she looks intoxicated or the inebriation interferes with the traffic transport system.

b. “Passenger DUI” – A Rising Trend

Over the last few years, the notion of passenger DUI has become popular. In the situation when you are riding MARTA and the driver or the conductor notices that you are visually drunk, he may call the law enforcement. This particularly applies to the downtown and Midtown where busy schedules and strict safety measures are implemented. A drunken customer may be viewed as a possible hazard to the security of the whole transit community.

c. MARTA Tactics of Practicum.

1. **Plan Your Route: When you are a bit drunk, use the bus or the train which passes along the same path as the one that you want to reach, and you will need to use minimal amount of alcohol in order to reach the destination.

2. **Avoid Alcoholic Conversations: Yelling or swearing is a wrong thing to do as it attracts the wrong attention.

3. Wear a Mask: In some situations, the mere covering of the face with a mask would suffice to conceal any odor that could have otherwise sounded alarms. (Such a fool-proof shield, however, is not necessarily the one you will have time to think over.)

2. Uber: The Ride-Share Uber DUI Itch.

a. Why is Uber Different than the Traditional Taxis?

Uber is not a licensed taxi but a private person. Such a difference has the potential to alter the interaction between the driver and passenger by law enforcement. In Uber, the drivers are considered independent contractors in most jurisdictions, which leads to the possibility of a driver being refused to allow a passenger to be tested as a legal reason. Nevertheless, even when the driver is not safe he/she can call the police.

b. The “Test-and-Throw” Scenario

A driver in Uber could perform a temporary test on the spot with a handheld device. The driver may consider the actions of the passenger unacceptable even when the reading is less than the one required by the law and seek the help of the police. This may cause a DUI case when the refusal of the driver is found to be an effort to escape liability.

c. Tips for Safe Uber Rides

1. Request the Driving Consent: There are drivers who would be more accommodating to perform a breath test when they are convinced that the passenger is drunk.

2. **Keep Composed: Violence may make a driver call the police.

3. Get a Copy of the Ride: Uber provides you with a receipt containing the information that might come in handy in case you have to demonstrate that you have been brought to the destination safely.

3. Drivers of Designated Safe-Ride: The Safe-Ride Conundrum.

a. The Legal Responsibility of the Designated the Driver.

A designated driver is a volunteer who is not drunk and drives others home. The law usually has an exception of the so-called safe driver, but it is not entirely unconditional. In the event that the car of a nominated driver is caught with an intoxicated passenger, then both the driver and the passenger are liable. In some instances, the assigned driver may be accused of a misdemeanor when he or she does not act reasonably to ensure that the drunkenness of a passenger does not affect the car driving.

b. Alcoholic Designated Drivers.

In some instances, an appointed driver used to drink alcohol before the journey secretly. Under such circumstances, the blood alcohol concentration (BAC) of the driver could be above the legal threshold and make his/her designated status unlawful. They are liable to a DUI on the grounds of driving under influence of that alcohol, and even the passengers may be charged in case the vehicle was occupied by someone/people who were intoxicated.

P. Designated Driver. Best Practices.

1. Verifying the Sobriety of the Driver: Confront the driver with a quick breath test or request the driver to test his or her BAC with an acceptable tool.

2. **Exit the Driver Station: Do not force the driver to continue to drive the vehicle as he/she gets to drink. Opt to wait for a safer moment.

3. Document Your Trip: Retain receipts, text messages, and any other evidence that will establish that the driver was not drunk.

4. The reason you still need Atlanta DUI attorney.

a. The complicated nature of the DUI Laws in Georgia.

The DUI laws in Georgia are stratified and have evolved through years. According to the legal system, the act of driving is a primary offense, however, it puts the decisions of drinking and transportation under scrutiny. A generalized approach can hardly work. Whether the amount of the particular situation of your case, whether riding the MARTA, Uber, or in visit with a designated driver, qualifies you as a victim of a DUI, is clarified by an experienced Atlanta DUI Lawyer.

b. James Yeargan -Your Strategic Advocate.

James Yeargan is an experienced Atlanta DUI Attorney and has been protecting the clients in complex DUI cases throughout the nation. His strategy is multi-dimensional:

1. **Case-by-Case Analysis: He examines each and every piece of evidence such as the legal documents to the ride receipts and constructs a strong defense.

2. **Power of Negotiating a plea or dismissing charges when the evidence is not strong: He can do so.

3. Court Representation – Yearsgan is a respected figure when he is in court and can manipulate sentencing results in cases where the trial is inevitable.

c. The Sensitiveness of Legal Advice Early.

When it comes to a DUI as a result of a MARTA, Uber, or dummy driver case, the initial hour of the arrest is when it counts. The sooner you meet with Yeargan, the higher the chances of getting a favorable result, that is, a lower bill or even a firing.

5. Real Life Case Studies: Case Studies.

Marta Rider was caught speeding excessively on a road in a MARTA train.

A police officer asked a 28-year-old commuter of Atlanta to have a random breath test on his train ride by stopping him on the MARTA train and conducting a breath test. When the officer observed that he smelled of alcohol, the passenger argued that he was a MARTA rider. The officer mentioned a DUI and the case was brought to court. Yeargan could have said that the passenger was not driving and that the evidence was circumstantial. This had the effect of dismissing the DUI charges.

This case concerns a Uber passenger who was arrested.

One of the cases involved a 34-year-old female riding an Uber car when the driver found that she had a high reading on a breath test. The driver made a call to the police and she was arrested. According to Yeargan, the driver was not legally entitled to perform a breath test due to the Uber policy, and the arrest did not consider the rights of the passenger. The case was dismissed.

The contention on this case is that the driver was at fault in the accident because she did not adhere to traffic rules by neglecting to use a seatbelt during the crash.

One of the drivers was a 41 years old man who was a designated driver; however, he had consumed a few beers. He drove his friend home. The friend was subsequently stopped to commit DUI. The defense submitted by Yeargan was based on establishing that the driver had less than the legal limit of BAC when he was arrested. The court admitted the evidence and dismissed the charges sparing the felony to the defendant.

6. Key Takeaways

7. No-Driving Is Not a Shield, Be it MARTA, in an Uber, or as a designated driver, you can still get charged with DUI should you be considered to be posing a threat to other road users.

8. Law Enforcement is Multifaceted: To be pulled over, an officer should simply have a valid concern regarding the consumption of alcohol.

9. Your First Hour Counts: You never have a second chance after being arrested. Immediately contact a well-known Atlanta DUI Lawyer such as James Yeargan.

10. Prevention Is the Best Defense: plan on how to get there, ensure sobriety and keep records.

11. **Know Your Rights: Breath Test in Non-Traditional Environments Proceeds: Knowing the legal aspects of how police officers can legally obtain a breath test will assist you in avoiding unnecessary pitfalls.

7. An Epilogue by James Yeargan.

According to Yeargan, people usually think that the urban travel and ride-share programs in the city are invulnerable to DUI charges. However, the law is much more subtle. In case of any uncertainty, you need to be cautious, and at that moment, you should employ qualified legal counsel. A single wrong move can turn an otherwise innocent night out into a major judicial nightmare.

Ready to protect yourself?

James Yeargan is ready to help you in Atlanta, whether you are MARTA, Uber, or a designated driver and afraid of a DUI. Make an appointment in the office today and have a private meeting. The correct choices made today might be the determining factor of your future.