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7 Myths by GA Lawyers About Being Charged With a DUI in Georgia
Why a DUI Specialist Is REQUIRED for EVERY Arrest for DUI in Georgia
By: William C. “Bubba” Head, Georgia DUI Book Author & Board-Certified Atlanta DUI Lawyer
Georgia DUI laws are unbelievably complex, and attempts to give legal advice by non-DUI specialists is malpractice, at a minimum. Often, this misinformation is given by general practice GA lawyers about a first offense DUI who do not practice DUI law AT ALL, much less on a regular basis.
The most common error we see is the mindset (for lawyers in Georgia who are not DUI defense lawyers) that a DUI in GA cannot be won, so just plead guilty and “let me help you save some money.”
Missing the GA DDS Filing Deadline Can Suspend ALL Right to Drive
The errors made in advising these friends, family members, relatives of friends, or trusting clients about a topic unfamiliar to these attorneys in Georgia who are not a DUI specialist can be extremely harmful to the person that the well-intentioned attorney is purporting to help.
Some errors, such as not knowing how to handle the 3 options (available since July 1, 2017) for dealing with the immediate administrative driver’s license suspension from a violation of the Georgia implied consent law, after a DUI in Georgia, can leave the hapless, trusting client without any right to drive, or unemployed, or even homeless.
Legal Advice From DUI Lawyer Who Wrote the Book on How to Beat a DUI
DUI lawyer Bubba Head wrote his first national book on drunk driving defense in 1991, and targeted the MANY techniques that he and other DUI attorneys have utilized in learning how to beat a DUI.
Having heard thousands of these botched representation stories over more than four decades of law practice in Georgia, drunk driving book author and Board-Certified DUI defense attorney Atlanta Bubba Head identifies 7 Myths about DUI in Georgia that are harbored by far too many general practice lawyers:
- A DUI in Georgia will only be on your criminal record for 5 years (or 7 years), so just plead guilty and put this behind you. NOT TRUE. It stays on your criminal history for LIFE!
- By taking every field sobriety test offered by police, you improve your chance to be let go. ABSOLUTELY FALSE. Other than TALKING too much (tip: only your name and address are REQUIRED, so SHUT UP) and unwittingly self-incrimination yourself, field sobriety test evidence is the #2 cause of needless DUI convictions. Millions of people whose BAC levels were under the legal limit have been wrongfully convicted of DUI in Georgia, primarily due to attempting bogus, non-scientific field sobriety tests that the person could not successfully complete ANYTIME or ANYWHERE. Most of the time, this harmful evidence is captured on video.
- It is better to refuse to take the Intoxilyzer 9000 Georgia breathalyzer after you are arrested for DUI. Not necessarily. If you are a 2nd DUI in GA within the last 5 years, or if you are totally hammered, refusing to be tested further MAY be a better choice. However, since 2006, Georgia DUI laws have permitted the officer in any DUI Georgia arrest to obtain a search warrant for your blood, for drivers who decline to take the post-arrest forensic breath alcohol test or the blood test. So, DUI refusal can compromise your ability to be able to drive, even though (since July 1, 2017) certain drivers who are first offense DUI Georgia licensees can get a special ignition interlock device (IID) for 12 months, for limited permit driving.
- A conviction for DUI in Georgia can be removed from your record later by record restriction or expungement in GA. NOT TRUE! Once a GA DUI is on your criminal record, it is there for LIFE, UNTIL THE GRAVE!
- A nolo contendere GA plea will protect your criminal history. FALSE! Since 1997, fewer than 100 no contest pleas to DUI in Georgia, each year, have been permitted. The Legislature took away the right for a person with a first DUI to use nolo contendere in Georgia, since the judge handling your GA DUI case is supposed to deny the use of a nolo contendere Georgia DUI plea, barring some compelling need. Some Georgia judges positively REFUSE to allow nolo, and other may only grant one, for a DUI in GA, every three or four years. So, do not count on a nolo GA DUI.
- Employers can’t get your criminal record of a DUI conviction. NOT TRUE! Because all records are electronic, and since many successful background data companies can “scrape” all state and local arrests and conviction records, your Georgia DUI will be found, and reported to your prospective employer. In addition, credit bureaus, insurance companies and banks can get this data, any deny your application for auto or life insurance, loans or establishing credit.
- You have no chance to win your GA DUI case. NOT TRUE! Our DUI law firm wins most DUI cases for our clients, by avoiding a DUI in GA, through various DUI defense strategies. Mr. Head wrote his first drunk driving book in 1991, entitled 101 Ways to AVOID a Drunk Driving Conviction. This 320-page guide on how to beat a DUI, for the first time ever, disclosed some of the hundreds of methods drunk driving defense lawyers win these complex cases. Every partner at our DUI law firm knows these any many more ways to beat a DUI, such as at a DUI checkpoint.
Now That You Know the TRUTH, What Are You Waiting For?
Call now for a FREE lawyer consultation with our three partners, who are all Super Lawyers and drunk driving book authors. 404-567-5515. We will help you hire a lawyer for DUI in Georgia who knows your Court, your prosecutor and your police officer. Larry Kohn, ex-police officer Cory Yager, and Board-Certified DUI Specialist Bubba Head are all here to help you.
Inside information can be crucial for a DUI attorney Atlanta or other Georgia DUI attorney (in other city locations) to have a realistic chance to get a DUI dismissed or possibly have the DUI reduced to reckless driving in Georgia.
This advisement for hiring the best Georgia DUI lawyer is true for a first offense DUI, or for a 2nd DUI in GA, because NO person wants a single drunk driving conviction on his or her criminal history.
