In the State of Georgia, it stays there all the way to the grave. Georgia laws for record restriction and expungement do not allow any removal of a DUI conviction (whether no “no contest” or guilty) , nor a reckless driving conviction or nolo contendere plea if that case was a reduction from a driving under the influence case.
The first thing that every accused citizen arrested for intoxicated driving needs to know is that all DUI cases in Georgia are criminal offenses, with mandatory probation and jail time. Thus, the United States Constitution guarantees your right to a public defender if you cannot afford private legal representation. In 100% of these cases, use your Constitutional right, under the Sixth Amendment.
For this reason, our law firm talks to several hundred accused citizens annually, and all are seeking our legal advice on how to get out of a DUI in Georgia. After writing a book (in 1991) called “101 Ways to Avoid a Drunk Driving Conviction,” Atlanta DUI lawyer William C. Head gained national recognition for empowering people to seek the best legal counsel for their impaired driving cases.
Since then, he has authored or co-authored another dozen books on driving while intoxicated cases, in a variety of states. Today, he is teamed up with former cop turned Atlanta DUI attorney Cory Yager and AVVO superstar Larry Kohn. Each of the partners has been with Mr. Head since their law school days.
How can I read up on Georgia DUI laws to see what I am facing? When you contact our lawyers for DUI near me, ask for the FREE PDF copy of Mr. Head’s DUI book for non-lawyers, called “The DUI Book.” Then, when you meet with our DUI lawyers near me, our legal professionals can answer all your other questions, such as payment plans for attorney’s fees.
The 9 Most Common Questions Asked of Our Criminal Defense Attorneys (FAQs)
1. Should I have taken the breathalyzer test after my arrest for DUI? All states have been “encouraged” to enact implied consent laws that suspend a driver’s ability to drive is she or he refuses to submit to the breathalyzer or blood test requested by police, after the DUI arrest. In Georgia, that total license suspension is for 12 full months.
I also read online that I can install and pay for an ignition interlock device for 12 months. Is that wise to do, or should I file a DDS GA appeal? Yes, if you are an eligible Georgia licensee. This is a very important issue to go over with our best attorneys near me, during your no-cost free consultation.
2. What does DUI mean? My traffic citation for driving under the influence has the notation “OCGA 40-6-391.” The other traffic tickets have different citation numbers and code sections. The traffic ticket is the accusation against you. Each new motor vehicle charge should have a different code section.
What does DWI stand for? Either driving while intoxicated (TX) or driving while impaired (NC).
3. The law enforcement officer never saw me driving a moving vehicle. Does this mean I cannot be convicted? Our GA laws changed over 30 years ago to cover actual physical control. If you were in the driver’s seat, and have the key (fob, or other means to start the vehicle), you may be charged with D.U.I.
4. For the best lawyers near me in Atlanta GA, how much does a DUI lawyer cost? Fees are set by each law office. Generally, the best lawyers will be charging more, due to how they approach each case, and their track records for success. The purpose of the free lawyer consultation is to explain all that will be done to help you win.
5. For drunk driving, I have heard of both DUI and DWI. What does DUI stand for and what does DWI mean? These are just two of over a dozen different acronyms for driving impaired.
6. On a 2nd DUI in GA, I read a website written by lawyers for DUI near me that says that I could lose my right to drive for 120 days. Is that true? If convicted, yes. If your second offense DUI is reduced to a lesser crime (e.g., reckless driving GA) then you avoid this mandatory loss of driving privileges.
7. My case is pending in the Atlanta Traffic Court located at 150 Garnett Street. Should I demand a jury trial and move the case over to Fulton County State Court? No, don’t do that. This court has fair prosecutors that may offer you a favorable outcome, if you have legal counsel that has found flaws in the arrest, testing and/or booking process.
8. Would going ahead and taking the DUI school course early help my cause, or be a wise move for me to make? It cannot hurt you and may help you. In some of our courts, it is very highly valued to be proactive like this.
9. If I submitted to the post-arrest blood alcohol test, will that sample also be tested for marijuana? Good question. Usually, if your blood alcohol level is over the legal limit, then the GBI won’t retest for drugs. But our lawyers near me for DUI will request to have access to that blood, to look for proof of prescribed medications (e.g., zolpidem or Ambien) that may have identified a medical condition (unintentional or somnambulant driving) known as “sleep-driving.”
How Can I Judge My Chances to Beat a DUI Less Safe Case in Georgia?
When a person faces a DUI alcohol less safe case in Georgia, the decision about whether the accused driver has been proven to be a less safe driver is up to the “trier of fact.” This is either a jury, or a judge at a “bench trial” (if the accused citizen or his or her DUI lawyer opts to submit the guilt-innocence phase of the DUI case to a judge sitting without a jury).
Because tens of thousands of Georgia DUI arrests begin their criminal court journey in a municipal court in Georgia, which is one of several non-jury, entry-level courts, the major factor is deciding on a “judge trial” over a trial by jury is the judge’s reputation for fairness and being even-handed. Because the municipal court judge assigned to hear the DUI case is appointed in all municipal courts except one, some judges make their rulings based on retaining their appointment by the mayor, the city manager, or by the mayor and city council.
The truth is that most accused citizens are poor judges of their chances to win a DUI case. This is because 99% of our clients have never had any kind of criminal trial, and have never watched a trial of any type, especially not an OCGA DUI less safe case.
Virtually 100% have never watched a DUI trial, nor know the intricacies of GA DUI law, or have been the accused person in a DUI prosecution. Plus, a non-lawyer will have no knowledge about how to exclude field sobriety test evidence, or a breath alcohol test, based upon various legal issues surrounding these common legal issues in drunken driving cases.
These factors can make a HUGE difference in any DUI case, and a seasoned, experienced DUI attorney can assess the chances of success to a reasonable degree of certainty, once he or she knows all the State’s evidence.
More Information About Our Three Award-Winning Legal Book Authors and DUI Defense Attorneys
With four GA metro Atlanta DUI law firm locations, our criminal law attorneys near me in Georgia will travel statewide to help accused citizens on their impaired driving cases. Call today for your FREE lawyer consultation at 404-567-5515.
What do you have to lose by calling? Three top-rated DUI legal book co-authors and targeted information about how to fight a DUI in GA.