By: DUI Attorney Atlanta William C. Head
Top DUI lawyers know that beating a drunk driving case is not merely teeing up the case for trial, and seeing what a jury says. Jurors typically want to convict, unless their entire paradigm is changed between jury selection and receiving their jury instructions from the judge.
Over 90% of victories for the best DUI attorneys come from finding creative and effective ways to exclude the breath alcohol test, or the blood test for drugs, alcohol, or other substances. This step in a DUI prosecution is almost always done pre-trial, at a suppression motion.
Use of various State constitutional provisions that are implicated in a post-seizure, non-Mirandized, warrantless search of blood or breath from the accused person’ body (that allegedly carries incriminatory evidence of any other possible impairing substances) offers one avenue of success in beating a DUI. Those Constitutional protections are:
Ga. Const., Art. I, §I, ¶ I (due process of law): No person shall be deprived of life, liberty, or property except by due process of law.
Ga. Const., Art. I, §I, ¶ XIII (unreasonable searches and seizures): The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized.
Ga. Const., Art. I, §I, ¶ XIV (person charged has privilege and benefit of counsel): Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished with a copy of the accusation or indictment and, on demand, with a list of the witnesses on whose testimony such charge is founded; shall have compulsory process to obtain the testimony of that person’s own witnesses; and shall be confronted with the witnesses testifying against such person.
Ga. Const., Art. I, §I, ¶ XVI (self-incrimination by compelling non-Mirandized acts): No person shall be compelled to give testimony tending in any manner to be self-incriminating.
All of these above-stated Constitutional provisions are to be considered separately, and (in the alternative) in conjunction with the others, in analyzing the constitutionality of the Georgia implied consent law, as applied to an accused person’s case facts. Analyzing the Georgia implied consent law notice on police video or, absent a DUI video, from what the arresting officer testifies that he or she read verbatim to the detained DUI driver is the starting point for creating a roadmap of how to beat a DUI.
Constitutional attacks are not favored by the appellate courts, unless solid proof of shortcomings in the law can be shown through legal analysis. “A statute attacked as unconstitutional is presumed by the judiciary to be constitutional (State v. Brannan, 267 Ga. 315, 317, 477 S.E.2d 575 (1996)) until it is established that the statute ‘manifestly infringes upon a constitutional provision or violates the rights of the people….’ Miller v. State, 266 Ga. 850(2), 472 S.E.2d 74 (1996).” [Quote from Love v. State, 271 Ga. 398, 517 S.E.2d 53 (1999).]
DUI lawyer Atlanta, William C. Head, in multiple jurisdictions, has filed legal challenges to breath tests, blood tests, and DUI refusal cases. Most cases deal with the GA implied consent law, and the notice read to arrested clients at the roadway.
These novel legal issues are now being considered at trial level courts and appellate level courts in Cobb County, Gwinnett County, Barrow County, Fayette County, and the Georgia Court of Appeals. These motions, seeking exclusion of a breathalyzer test or a blood test, are the crux of beating a DUI in Georgia. One case involves a DUI-drugs less safe arrest, where the client admitted use of marijuana, and the client’s initial agreement for a blood test was later changed to a DUI-refusal.
William C. Head, named as 2017 Atlanta DUI Lawyer of the Year by Best Lawyers in America, is also the only lawyer to be named the best DUI lawyer in America by vote of the members of NCDD.com (National College for DUI Defense), in 2003.
DUI Defense Lawyer Head is the author of 12 drunk driving books. He and the late Reese Joye, of North Charleston, SC wrote “101 Ways to AVOID a Drunk Driving Conviction” in 1991. Many more books on criminal trial practice and DUI defense have been authored by Mr. Head, along with thousands of on-line articles and Web pages.
Drunk Driving Books Have Been Part of Mr. Head’s Profile Since 1991
DUI lawyer Bubba Head has also garnered Super Lawyers recognition every year of its publication (2004 – 2017). Added to this, Martindale-Hubbell (America’s oldest lawyer rating service, and for his highest ethical standards and highest skill level). Mr. Head’s DUI law firm’s three top-rated DUI lawyers offer 24-7 service across all of Georgia.
His DUI law firm has represented over 20,000 clients. The Georgia criminal defense attorneys travel statewide from our four Atlanta area office locations in Georgia (Atlanta, Sandy Springs, Alpharetta, and Marietta).
Criminal defense attorney “Bubba” Head helps clients with all types of felony and misdemeanor cases. Marijuana cases are a specialty. For over 40 years, he has offered aggressive criminal defense legal counsel and representation. Do not stand in court alone. When you are facing jail time and a criminal record, you need an experienced criminal lawyer on your side.
If you or a loved one needs a criminal defense lawyer Atlanta, contact William C. Head, PC. You can call NOW, at 404-567-5515, and schedule a FREE, professional case review.