By: DUI Defense Lawyer Larry Kohn, Top DUI Attorney William Head and DUI Criminal Attorney Cory Yager, at 4 Metro Atlanta DUI Law Offices
Drunken driving is the single most likely crime to be charged against law-abiding citizens. Why is that? Because it is America’s ONLY “crime of degree.”
Adults can drink some alcohol (or take some medications or substances) and be still engaging in LEGAL conduct when driving. However, at some point their blood alcohol concentration increases and is “over the legal limit.” See this article on alcohol elimination over time, for drinking drivers.
Unless your DUI is reduced, or your top DUI attorney gets the DUI dismissed, the conviction will affect your driving privileges, for some period. This necessity to “win” puts a premium on finding Georgia lawyers with top attorney ratings for DUI defense in GA.
In this article, learn the top 11 ways how to beat a DUI in Georgia, taken from the files of our drunk driving defense attorneys. It all starts with avoiding self-incrimination and knowing what to do and what not to do! The focus of this article is to explain how knowing your legal rights can go a long way toward avoiding a DUI conviction. Learn from Atlanta DUI lawyer Bubba Head his top 11 ways for winning a DUI case and avoiding a GA DUI conviction.
Is it possible to get out of an Atlanta DUI? Absolutely. Our legal services professionals have had DUI cases dismissed thousands of times or charges reduced. In some cases, when the client elects to proceed with a trial, then a total acquittal is the only solution remaining for our Georgia attorneys to seek.
What happens when you get a DUI in Georgia? The worst thing is a permanent criminal record that cannot be restricted or expunged, even on a
lifetime 1st DUI in Georgia. Below, our three driving under the influence Super Lawyers list the Top 11 ways on “How to beat a DUI in Georgia.”
Plus, William Head wrote the first book on beating a DUI case in 1991. The NCDD Board-Certified DUI attorney is one of fewer than 100 in America. In 2022, his law partners are all national law book co-authors of DUI-related books. To read those 101 Tips, see this DUI law information page.
Almost 100% of those arrested under OCGA 40-6-391 have both a misdemeanor criminal law case is state courts (e.g., municipal court, state court, recorder’s court or probate court). Plus, under Georgia implied consent laws, you can file a DDS GA appeal and go before an administrative law judge (ALJ), or (if eligible) seek the interlock restricted driving permit for 12 months in lieu of possibly facing administrative suspension for that full year with no driving privileges at all.
Can you Beat a DUI Case? Yes, it is, and our three DUI specialists have done it for clients thousands of times. So, our three top DUI lawyers explain how to beat a DWI case in most situations. This starts by clients knowing their legal rights and following the many rules for not self-incriminating.
Once arrested, any post-arrest implied consent notice (asking you to take the breathalyzer at the police station or jail) is important. Refusing to submit to blood or breath testing can cost you the right to drive, due to special motor vehicle operation laws that apply to the crime of driving while intoxicated.
A DUI refusal puts your driver license in jeopardy and could suspend your right to drive for a full year. No longer than a week after arrest, you need to be focusing on which DUI defense attorney to hire. A good part of this article focuses on that decision about a DUI criminal lawyer.
If you consent to DUI-DWI blood testing to prevent license suspension, or consent to a BAC result to be taken on the Intoxilyzer 9000, ALL citizens who comply should REQUEST and GET their own independent blood alcohol testing afterward at a location and medical facility of their OWN choosing. This can help you beat the case, since Georgia DUI laws favor strict compliance with implied consent law.
First and foremost, do NOT self-Incriminate by talking or by attempting to perform ANY roadside, optional field sobriety tests. Clients that retain a member of our DUI law firm and who adhere to Steps 1 and 2 have a favorable outcome on their DUI first offense, with our law firm attorneys handling their court cases.
Talking and answering questions can greatly diminish your chances of winning the DUI less safe Georgia case (for intoxicated driving due to overconsumption of alcohol or drugs). By this we mean that your impaired driving lawyer may be able to find a legal problem with the collection of your blood test or breath test, yet your outrageous behavior and other circumstantial evidence of belligerence can convict you.
Do not yell at the officer or “act out,” claiming no reasonable suspicion to pull you over. Remain calm and SILENT. Because most DUI arrests have body cams or police vehicle cameras, or BOTH, evidence typically exists of all things said and done — good and bad — at the roadway.
The U.S. Supreme Court has said that the ONLY information required is your name and address, which should be showing ON YOUR DRIVER’S LICENSE. The central theme to follow in how to beat a DUI in Georgia is to NOT give the police ANY evidence by your OWN words or actions, which are self-incriminating. Remain silent. DO NOTHING.
Do NOT talk or ask questions. The only thing required from you to disclose to an officer at traffic stops is your correct name and current address. Anything and everything else you provide to the investigating officer looking for a DUI arrest will almost 100 percent be used as evidence against you. For example, the officer may ask if you take any prescription drugs. DO NOT ANSWER. Remain silent.
If you admit to using prescribed drugs or even over-the-counter products like Benadryl, this information may be enough to authorize the officer to arrest you, write up DUI charges, and then request a blood test. The most damaging information in most DUI cases is what comes out of a client’s mouth. If you want to beat a DUI, you need to remain SILENT.
Rule Number 2 is NOT to take or attempt ANY roadside exercises, evaluations, or verbal tests. All evaluations, exercises, or tests are 100 percent optional.
Be prepared when the situation arises, and know what to do when pressured to perform field sobriety tests like the “eye test” (the HGN test), the one-leg stand, the alphabet, or the walk the line evaluations. Any attempts to do these subjectively graded roadside exercises will become the KEY EVIDENCE prosecutors focus on in a Georgia DUI less safe case.
Do nothing in terms of “sobriety screening” at the roadway. In Georgia, every roadside exercise or so-called “field sobriety test” is both voluntary and unscientific.
No experienced DUI lawyer will EVER tell a client to attempt to perform roadside field tests offered by a police officer, because these bogus evaluations have been the source of more innocent people being convicted of drunk driving than anything else.
These NHTSA (National Highway Traffic Safety Administration) roadside evaluations are 100% OPTIONAL. Do not let the officer test your EYES, or have you repeat letters in the alphabet, or walk a straight line or do the one leg stand. Even the pre-arrest, handheld breathalyzer is OPTIONAL. Don’t take any tests or do or say anything.
As stated above, the DUI less safe case rises or falls on these OPTIONAL evaluations. This unfortunate and inaccurate description (i.e., using the word “tests’) is misleading since the NHTSA standardized field sobriety tests are not “reliable” tests of sobriety at all.
The third way to beat a DUI is to never take a roadside breathalyzer test on a hand-held, portable breath test device. In Georgia, the numeric breath test results of the hand-held preliminary breath test machine are NOT an “approved” forensic device. Plus, no “waiting period” is used, and the person may have had their last drink only minutes after the time of driving from the bar.
For these purposes, “forensic” means “admissible in a court of law.” In a DUI trial in Georgia, the “number” on a preliminary breathalyzer is not admissible, but a police officer is allowed to testify that the result was “positive” for alcohol. Too often, jurors hear this phrase and are quick to think the worst.
To win your DUI case, avoid submitting to this VOLUNTARY, nebulous, and possibly harmful “inference” by simply declining to blow into this portable breathalyzer, which is a voluntary alcohol-screening test. Say “NO,” but do it politely.
If arrested for a Georgia DUI, do not physically resist the officer cuffing you and do not verbally protest or beg to be given a “break.” Remember to SHUT UP! Even celebrities who resist arrest get their asses beat by police — ask Randy Travis!
Once arrested, and before any implied consent notice is read to you, politely assert your right to an attorney. Resisting the law enforcement officer can create another criminal charge of obstruction of an officer at either the misdemeanor level (no physical contact with an officer) or the felony-level (physical contact such as hitting, biting, kicking, head-butting, or spitting on). Calm, polite, and responsive detainees are usually perceived NOT to be impaired without more proof.
NEVER assume that you have privacy inside a police car. Modern police cars, especially if designated to be used for DUI-DWI arrests, often have both AUDIO and VIDEO recording focused on you.
Do NOT engage in a cell phone conversation about your case, even if it is to your DUI lawyer because the appellate courts have ruled that you have no expectation of privacy in the back seat of a police car. All recorded audio and video can be used against you, and often means the difference between winning and losing.
SHUT UP! Remain calm.
Do not confuse your post-arrest obligation to take the “implied consent” breath test or under special circumstances, a blood test (only if drugs are reasonably suspected, or if you refuse breath testing).
This post-arrest test is NOT the pre-arrest, optional, voluntary portable breathalyzer test (a handheld breath test device about the size of a smartphone) offered at the roadway.
If you assert your right to talk to a criminal lawyer, the arresting officer may claim that this constitutes a refusal. But, so long as you affirmatively tell the officer you WILL take his or her requested type of test, you are allowed (under GA DUI law) to change your mind and submit to the breath alcohol test or BAC blood test.
The DUI refusal can lead to a license suspension, even before the criminal case comes up. In Georgia, once you TAKE the arresting officer’s requested type of implied consent test, you are entitled to obtain an independent test or tests from a person of your choosing.
On your journey to jail, you may deal with a police transport officer, a book-in officer, a nurse to ask health questions, or even another prisoner who may make an excellent witness in your criminal case. If you have medical conditions that MAY impact a breath alcohol test, tell the nurse.
Do your best to remember the names and have good identification of these potential witnesses. Write this information down at your first opportunity.
In Georgia, you only have thirty (30) calendar days to appeal your driver’s license suspension. Once you get out of jail, call a Georgia DUI attorney immediately to avoid a DUI license suspension.
If you wish to file your OWN letter, you must send it by U.S. certified mail with a receipt from the post office showing delivery and receipt within 30 days after arrest. But, our DUI attorneys will help decide whether send a DDS Georgia appeal letter or opt for the IIDLP (ignition interlock device limited permit). This is FREE, meaning no legal fee is charged at our initial consult, so do not screw this up.
Anything you say in jail, including phone calls, may be recorded. So, don’t think that verbal admissions made to another prisoner, or a guard won’t be used by a prosecutor as potential incriminating evidence against you.
Only speak to your DUI attorney. Remain silent while in jail and focus on posting bond and getting good descriptions and names of favorable potential witnesses. Leave it to your DUI specialist to get the charge dismissed.
So long as your criminal case for DUI is pending, any new arrest — especially for another DUI — could create MAJOR issues. To start, your first bond can be revoked, and you could go back to jail. Then, your DUI attorney will have to try to get a new bond. This may take days or even weeks.
He or she may also have to agree to have you submit to other conditions on your bond, just for you to remain out of jail (e.g., wearing a transdermal ankle monitor 24 hours a day until your case is resolved). For over 30 years, the Georgia drinking and driving laws have included a Georgia zero tolerance law for those under age 21.
One of the central themes for Mr. Head’s former clients who successfully sought an attorney that knew “how to beat a DUI,” was to take prompt action to hire a DUI attorney with top lawyer ratings. Those best DUI attorneys would gather key evidence and (using DUI case law) find flaws in the police officer’s case.
Like hiring a surgeon, you want to look for years of experience and a track record for winning, and our layers average over 25 years of success in doing that. Ask yourself this question: If you pay low DUI attorney fees and still get convicted, is the question, “how much does a DUI lawyer cost” really matter?
Two examples of such flaws: (a) road construction that makes painted lane dividers difficult to see, which created a successful 4th Amendment challenge to the basis of the traffic stop and (b) premises video camera footage from a restaurant, a parking lot, or a service station that can provide our attorneys in Atlanta GA with information to support our client’s version of what happened, and possibly make a difference in whether you can beat a DUI in GA.
When helpful evidence or a key witness disappears, your GOOD case can become a TOUGH case. Criminal defense attorney Bubba Head and his two partners, Larry Kohn and Cory Yager (an ex-cop), can tell you hundreds of stories about how gathering evidence shortly after a DUI arrest has helped the law firm attorneys win cases and beat a DUI.
For a FREE lawyer consultation, call today at 404-567-5515. Get targeted and accurate DUI advice and ask about an attorneys’ fee payment plan. Never just walk into your court and plead guilty on a 1st offense DUI in GA.
In retaining lawyers for DUI, ask about payment plans on your first offense DUI lawyer cost. Our firm gladly accommodates those requests, since we are in no rush to finish the case until you are satisfied with the result being obtained. Few legal professionals at law practices in metro Atlanta welcome going to trial, but our criminal law attorneys do, when that is what our client opts to do.
If you have been charged with a DUI, whether you are a Georgia resident or not, you need to contact a Georgia DUI attorney as soon as possible. We are the most experienced Atlanta DUI attorneys helping clients with their Georgia DUI. We will help you avoid a conviction and get the best results possible. Call us today!
5600 Roswell Rd
Building H, #210
Sandy Springs, GA 30352
235 Peachtree Street NE
Atlanta, GA 30303
109 Anderson Street
Marietta, GA 30060
33 S Main St
Alpharetta, GA 30009