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How to Beat a DUI in Georgia: Top 11 Ways to Win a D.U.I.

By: Cory Yager, Ex-Police Officer Turned DUI Lawyer Atlanta, and Partner in the Law Firm

Atlanta DUI lawyers near me Larry Kohn and Cory Yager tell you how to beat a DUI in Georgia and avoid lifelong conviction penaltries.

Drunken driving is the single crime that is most likely to be charged against law-abiding citizens. Why is that?

Because it is America’s ONLY “crime of degree.” By this statement, I mean that adults ages 21 and over are allowed to drink and drive, but (with a little too much alcohol) she or her commits this motor vehicle crime in the Peach State.

Adults can drink some alcohol (or take some medications or substances) and be still engaging in LEGAL conduct when driving a vehicle. However, at some point, their blood alcohol concentration increases to a per se “illegal” level and is “over the legal limit.”

When drivers arrested for a DUI in Georgia first offense learn that (under Georgia DUI laws) jail time is part of nearly every DUI conviction, that is when their interest in top-rated DUI lawyers is piqued. Most are not concerned with performing community service hours or attending DUI school.

Georgia statutes excused those first DUI offenders (within the last 10 years, based on dates of arrest) who had a refusal to submit (to implied consent testing after their DUI arrest). Also, those summitted to breath or blood testing and took the post-arrest test and were under the legal limit of 0.08 grams percent, are not mandated to serve some jail time.

For those needing DUI help, this odd phrase (crime of degree) is explained below. For no other crime like embezzlement, rape, solicitation or prostitution or domestic violence can you “do it a little,” and not be prosecuted. Drunk driving, however, is just such a crime, where adults can drink alcohol in moderation or use drugs in moderation and then legally drive.

This article also answers the ubiquitous question, “Can U beat a DUI charge? That answer is YES if the right DUI lawyers are digging into every aspect of your case and can find how to beat a DUI less safe case or a DUI per se case.

For those without funds to pay private attorneys, like our DUI law firm, 100% should try to qualify for the public defender, who will do more that most cheap DUI lawyers.

What to Say in Court About Your DUI Charges

First, if you immediately hired the best Georgia DUI lawyer for your DUI defense (or had a public defender appointed for you), you say nothing. This is the preferred method of operating in courtrooms.

How can I locate that DUI lawyer GA with top legal credentials? What is you could go to the law firm with the three lawyers who author the leading book on DUI law in Georgia, which is used by the highest number of DUI lawyer Georgia practitioners, judges and prosecutors?

The lawyer talks, and you just remain silent. But, if you foolishly waited for your criminal court “arraignment” date and attended that on your own, you likely have made two serious (if not fatal) errors:

  1. If you missed the 30-day deadline to file for either the DDS Georgia appeal of the administrative license suspension or opted to install the 12-month ignition interlock device on one vehicle (if eligible) you may have lost all right to drive for 12 full months; and
  2. Because targeted criminal law suppression motions (legal pleadings) challenging the State’s evidence must be filed before, at, or within ten (10) days after arraignment, you now have to try to identify and hire a top DUI lawyer to hurriedly look for possible legal defenses in a short time period.

How to Fight a DUI Without a Lawyer. This will be a truly short book. The first page will read “on a wing.” The second page will read, “and a prayer.” The end.

Plus, William Head wrote the first book on ways to beat a DUI case in 1991 (see image below). That was over three decades ago!

The NCDD Board-Certified DUI attorney is one of fewer than 60 in America. To read those 101 Tips, see this DUI law information page.

These self-represented DUI defendants are so rare that such news would be more sensational and unusual than hearing about an acquittal in a first-degree murder case. In 1991, our law partner, William C. Head co-authored a best-selling book on how to get out of a DUI conviction, titled “101 Ways to Avoid a Drunk Driving Conviction.” He is currently updating and revising that book and will release “202 Ways to Avoid a Drunk Driving Conviction” in 2022.

See this article on alcohol elimination over time, for drinking drivers. In 2023, his law partners are both now national law book co-authors of DUI-related books.

Is It Possible to Beat a DUI Charge?

If this was not possible, the thousands of clients our lawyers have helped to fight DUI charges would not have been paying our lawyers to represent them for 85 collective years of legal service. You do not consistently receive the highest lawyer ratings by losing, or not knowing how to beat a DUI test.

How to Deal with a DUI. Unless your DUI is reduced (due to a viable legal defense), your top DUI attorney gets the DUI dismissed, or you follow his or her legal advice and take the case to trial, a DWI-DUI conviction will affect your driving privileges, for some period.

Can a first-offense DUI be dismissed? Sometimes, but not that often. A more likely scenario is what our clients call “DUI loopholes,” which are really flaws in the police work, or the prosecution paperwork, or in other areas of our pre-trial discovery of all the case facts.

The necessity to “win” puts a premium on finding Georgia lawyers with top attorney ratings for DUI defense in GA. DUI defense attorneys understand the ways to win different types of DUI cases, like a DUI marijuana case, a DUI toxic vapors case, or a DUI Ambien case.

How to beat a DUI in court. Any loopholes in DUI cases found for your defense only come from in-depth knowledge of all applicable laws and understanding what to file, when to file it, and then when to RAISE that legal issue, during the court of the case.

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 eleven (11) ways for winning a DUI case and avoiding a GA DUI conviction. Mr. Head is the author of several GA DUI practice manuals.

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 cases that can’t be “settled” with a non-DUI disposition, 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 “How to Beat a DUI in Georgia.”

Almost 100% of those arrested under OCGA 40-6-391 have both a misdemeanor criminal law case in 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 possible, and our three DUI specialists have done it for clients thousands of times. So, our three top Alpharetta GA DUI lawyers explain how to beat a DWI case in most situations. This starts with clients knowing their legal rights and following the many rules for not self-incriminating.

How to Fight a DUI: 11 Ways to Win Your DUI Case

Primarily, 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 one of our law firm attorneys managing their court cases.

(1) First and Foremost, BE QUIET. Rule Number 1 is SHUT THE F%CK UP! Do not talk to police beyond what the LAW REQUIRES, which is your NAME and your ADDRESS.

Talking and answering questions can 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 resist a DUI arrest in Georgia. Once arrested you will be taken to jail and given the official DUI breath test.

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.

(2) Every Field Sobriety Test Is Voluntary and Optional – Just Say NO

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.

DUI Walk and Turn Test is being performed by a driver pulled over for suspicion of drinking alcohol or ingesting drugs.

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” on 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, walk a straight line or do the one-leg stand. Even the pre-arrest, handheld breathalyzer is OPTIONAL. Don’t take any tests (before you are cuffed) 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.

(3) In a Georgia DUI, do not blow into the Portable Breathalyzer by the roadway!

In Georgia you should refuse to take a portable breath test. This is the quick chemical test used by a lot of law enforcement .

The third way to beat a DUI is to never take a roadside breathalyzer test od-held, portable brn a haneath 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.

(4) Do not Resist Arrest for a DUI in Georgia

DUI obstruction or resisting arrest is not recommended. Just ask Randy Travis.

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.

(5) You Have No Privacy in a Police Car in the Peach State

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 focued on you.s

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.

(6) Why You May Want to Take the Officer’s GA Implied Consent Breath Alcohol Test

Implied consent breath alcohol test is given back at the police station on an Intoxilizer machine or other calibrated device.

Do not confuse your post-arrest obligation to take the “implied consent” breath test or under exceptional 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.

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.

(7) Try to Remember Names of People at the Jail.

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.

(8) You MUST Act on the Administrative License Suspension Within 30 Days after Arrest.

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 the 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.

You only have 30 days from your DUI arrest date to file an appeal in an effort to keep your driver's license from getting suspended for 12 months.

(9) Do not Talk in Jail about your Case to other Inmates or Guards If You Want to Beat a DUI.

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.

(10) Do Not Risk Any New Arrests while your DUI charge is pending.

So long as your criminal case for DUI is pending, any new arrest — especially for another DUI — could create SERIOUS 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.

(11) Hire the Best DUI Lawyer Quickly.

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 stellar history for winning, and our lawyers for DUI near me average over 25 years of success in doing exactly 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.

For a DUI Lawyer in Metro Atlanta or Beyond, Our Criminal Attorneys Can Help

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 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 attorney’s fee payment plan. Never just walk into your court and plead guilty on a 1st offense DUI in GA.

In retaining lawyers near me 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 near me 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.

Atlanta DUI lawyer Bubba Head has been named Lawyer of the Year ansd has earned many legal industry awards.

Contact top DUI Attorney William Head, DUI defense lawyer Larry Kohn, and DUI Criminal Attorney Cory Yager, at one of our 4 Metro Atlanta DUI Law Offices. Call today, 24 hours a day, at our DUI law firm’s local DUI office: 404-567-5515.

Obtain your Free Lawyer Consultation and get a FREE case review by our award-winning DUI attorneys. This in-depth, co-cost review invariably helps any citizen facing a driving under the influence charge in the Peach State to see her or his options and (if contacted within the 30-day window after arrest) help protect your ability to keep driving.

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