How to Beat a DUI in Georgia and Avoid Georgia Jail Time
Thousands of queries on Google and other search engine directories reveal the common questions that are posed by those arrested for driving while intoxicated in Georgia and are now seeking answers to how to deal with a DUI. Many of those common inquiries are included in this article. Read more below to answer this and many more pressing questions on the various types of DUI in Georgia.
First and foremost, if you have not yet been arrested and want to know how to get out of DUI charges, you should NOT self-Incriminate by talking or by attempting to perform ANY roadside, optional field sobriety tests. Second, remain silent. Only your name and address are required, and nothing else needs to be said by you.
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.
But, without examining you arrest paperwork created by the arresting officer (e.g., your alcohol test results from a breath testing device or other arrest information) and interviewing you, no criminal lawyer on Earth can tell you if you have viable legal defenses. As you will read below, our legal firm's DUI-DWI case assessment is 100% FREE, from our law partners.
One central theme of online queries is seeking to learn more information about the necessity (or lack thereof) for retaining a drunk driving defense attorney. For example, "How to fight a DUI without a lawyer?" is a good example. Below is a photo of ex-cop Cory Yager, one of our Law Partners.
With a top-rated GA DUI lawyer at my side, can a first offense DUI be dismissed? Possibly, but the more common outcome in Georgia DUI cases is a reduction of charges. This is because few clients want to risk trial and losing when an offer is on the table for a non-DUI disposition.
The better question to ask might be, "Is it possible to beat a DUI charge if I represent myself?" If I was a bookie, I'd take that bet that you will lose by handling your own case.
Do some DUI defense attorneys in Georgia know special DUI loopholes, that help them win Drunk Driving Cases? Yes, all three of our law partners know how to win cases in GA. One skill is knowing how to beat a DUI test on an Intoxilyzer 9000 device if the facts support this defense.
How to Avoid DUI Conviction
In the world of criminal defense, many high dollar clients only look for the best DUI lawyers. Some call their corporate or business attorneys and ask for names of the top performers.
Those living at the poverty level want to know if a public defender assigned to handle their case knows how to fight DUI charges. These citizens should go with their appointed legal counsel, in 100% of the cases.
Then there are three types of potential clients whose circumstances "in between," which are:
(a) The ones with enough money to pay for a great criminal defense lawyer, but who have self-assessed their chances of winning and have decided to not fight their cases; and
(b) The ones for which paying legal fees would put a strain on them, but who can see that their future may be derailed by a DUI conviction, and are determined to fight their criminal cases; and
(c) Those who know they need to fight but need a legal fees payment plan to hire skilled lawyers who know how to beat a DUI in court.
ONE ANSWER works well for all these three categories: Why turn down a free lawyer consultation with a top-rated law firm that reviews your pending case FOR FREE? Larry Kohn and the other partners will call you even on holidays and weekends.
Let's look at an analogy for medical conditions. If you had a 3-inch diameter, crusty, oozing cyst on your upper thigh, and a top-rated, qualified tumor doctor was willing to look at it and assess the medical problem, who would ignore that accepting that opportunity?
Can U beat a DUI charge? No simple answer exists for all cases, but in the majority of first offense DUI cases, our legal team can find a non-DUI disposition. My court is outside a 60-mile radius of metro Atlanta Georgia, our firm's Atlanta lawyers will assist you in finding lawyers near me to help with that case if you ask.
These Other Nine Questions about GA DUI Law Under O.C.G.A. 40-6-391, Were Produced With a Quick Search
- How to represent yourself in DUI court?
- What to say in court for DUI charges?
- Why hire a DUI lawyer?
- Where can I find a list of loopholes in DUI cases?
- How to beat a DUI less safe case since I refused the implied consent test?
- How do attorneys typically help with a DUI?
- What is the best way to defend against DUI?
- Can I have a first offense DUI case dismissed?
- How do DUI defense lawyers defend you?
This article will explain why you do not want to squander your ONE chance for success in beating a DUI case. Only by knowing the full impact of a DUI Georgia conviction can you make the right decision for yourself, because Georgia laws do not allow that conviction to EVER be removed or have the record restricted.
Thinking About NOT Hiring a DUI Attorney? Think AGAIN!
If you are facing DUI charges for driving under the influence of alcohol or drugs and are trying to decide what DUI help you need, the two most unacceptable things you can do after an arrest for a DUI in Georgia are:
- Plead guilty; OR
- Try to represent yourself and not hire an experienced DUI attorney. The reason here is "the man who represents himself has a fool for a client." Plus, once you screw up the case and miss the chance to win, it is OVER. You do not get a "do-over" in criminal courts in Georgia.
Intoxicated driving laws in Georgia are among the most complex of all state criminal statutes. So, it is 100% crazy to think you can defend a DUI in court against a trained prosecutor.
If you are indigent, apply for a public defender. For those who KNOW they need to fight, get a FREE lawyer consultation via an office visit, a cell phone video conference, or by way of a phone call. Read more below.
The Lifetime Error of Pleading Guilty to a Georgia DUI
Next, we will look at the first "self-help" option of GIVING UP and allowing the serious misdemeanor to be permanently placed on your criminal record. You don't THINK you have a chance to win, or in having the DUI reduced to reckless driving. BAD DECISION: This conviction is a LIFETIME error. It will not "age off" or be removed – EVER.
This common "mistake," in thinking that the DUI will "drop off" is a mere ASSUMPTION. Many people arrested for DUI foolishly decide to enter a guilty plea to drunk driving and live to regret it. This flawed thinking is much like a person hearing they have cancer and giving up without hiring an expert oncologist to offer alternatives to "beat cancer."
Our office only takes cases where clients are dedicated to fighting "legal" cancer — drunken driving charges. Do not plead guilty and THEN come to us to try and UNDO your error.
Unlike with Georgia DUI laws half a century ago, entering a quick guilty plea when facing a DUI does not provide a single advantage or benefit. Up until 1997, a person could plead nolo contendere on a 1st DUI in GA and retain full driving privileges with his or her Georgia driver's license.
Every DUI conviction under O.C.G.A. 40-6-391 suspends or revokes your driver's license (or the ability to drive in Georgia, for out-of-state licensees).
Current impaired driving laws in Georgia call for mandatory, minimum punishments for any DUI conviction. OCGA 40-6-391 to avoid any of the listed consequences below.
In fact, since July 1, 1997, laws in the Peach State now disallow a nolo contendere plea, except where your DUI defense attorney petitions the court for such a rare "no contest" plea. To even have a prayer of receiving consideration, proof that the case involves a DUI accident may expose the driver to paying out substantial civil damages.
The judges usually say "no" to entering a plea of "no contest" (nolo contendere). Plus, nolo pleas to DUI still "counts" as a conviction, and "show" on your criminal history for life.
Georgia DUI Laws - DUI Penalties and Other DUI Consequences, if Convicted
Depending on your prior criminal law history, penalties for a drunk driving conviction can be either misdemeanor or felony and carry these "ranges" of punishment for the offender. As can be seen below, O.C.G.A. 40-6-391 drastically bumps up the MANDATORY punishments and driver's license consequences for repeat DUI offenders.
In Search of Skilled DUI Lawyers That Fight to Beat a DUI
Look at ALL credentials and AWARDS for law firms with DUI lawyers near me that can protect your rights. Within all of Georgia, no other law office with three or more partners has better credentials in the field of DUI defense. PERIOD.
And YES, if you come here, you will be represented by a PARTNER, and not "handed off" to an associate or "contract" lawyer. Each knows how to get a DUI dismissed, when certain flaws exist in a case, such as a lack of probable cause to turn on the blue lights, but that set of facts is missing in most cases.
Ex-cop Cory Yager, Larry Kohn, or I will represent you. Now that you know the seriousness of a DWI-DUI case, why not meet with our knowledgeable, experienced, and award-winning D.U.I. attorneys for a no-obligation, FREE lawyer consultation?
Having a criminal defense attorney by your side FROM THE BEGINNING substantially improves your chances of dismissal, reduction, or acquittal at trial. These outcomes are precisely what occurs in MOST of our DUI cases. You can look at our photos and know that these homely lawyers better know how to get out of DUI conviction!
If you're looking for an Atlanta DUI lawyer near you, call us today at our 24-hour number, (404) 567-5515 to get FREE legal advice, in person, via video conference call, or over the telephone. With a FREE consultation on your criminal charge with trial lawyers at a law firm in Atlanta GA whose criminal defense lawyers have THOUSANDS of cases under their belts, including thousands of Atlanta DUI arrests, how can you say NO?
Additional Collateral Consequences of a Conviction of DUI-OWI-DWI-OUI-OVI
If you plead or are found guilty of a DUI in ANY jurisdiction, and it is reported to DDS Georgia, you can expect the loss of driving privileges to possibly be a greater punishment than the statutory criminal penalties of a judge's sentencing. A DUI conviction gives you a permanent criminal record, which can have a profound impact on every aspect of your life, including:
- Ineligibility or difficulty obtaining certain professional licenses or certifications, including getting a CDL license for long-haul trucking jobs
- Reduced chance for getting some jobs
- Difficulty being approved for certain types of rental housing
- Immigration issues for H1B visa holders, or those with green cards
- A DUI conviction can create child custody and child transport and visitation issues
- Higher car insurance company premiums and being restricted to lower liability limits
If you are a college student, underage offender, or plan to apply for a professional degree (e.g., nursing, law, medicine) you may have trouble getting into these programs or qualifying for the available financial aid sources, such as grants and scholarships. In Georgia, a DUI-drugs conviction takes away the Hope Scholarship, for example.
Plus, since driving for work is often a good source of income, a conviction for impaired driving blocks many available jobs (e.g., Lyft, Uber, pizza delivery) that might cover higher education costs and your living expenses. After a DUI-DWI, car rental companies will block you from renting vehicles, even after turning age 25. See Mr. Head's legendary LIST of 97 Consequences of a DUI conviction, for more details.
Georgia's BAC Limits for Permissible Alcohol Levels
Georgia laws on intoxicated driving or drugged driving differ slightly. States like Arizona, Pennsylvania, and many others impose mandatory, drastic punishment enhancements triggered by high BAC content forensic results.
These drastic punishments are not "built-in" to Georgia drinking and driving laws. Three separate BAC levels exist with a different legal limit for underage drivers (0.02 grams percent), while CMVs (commercial motor vehicle operators) are held to a 0.04 grams percent limit, and all other adults ages 21 and over, are held to the usual 0.08 grams percent BAC concentration.
Post-Arrest Blood Alcohol or Drug Quantity Tests or "Refusal" Under Implied Consent
As a driver within the state of Georgia, you have "impliedly" consented to take one (or more) types of chemical tests once you are arrested for driving impaired. The statute sanctioning this post-arrest testing is called the "Georgia implied consent law." The Legislature passed this statute authorizing police to determine the alcohol content of your breath or your blood. If something other than alcohol is impairing you, the test type will be a blood test, which will look for ANY impairing substances.
Refusal to submit to such tests puts your ability to drive in Georgia at risk, which is a civil penalty authorized under the Georgia Code. Plus, since 2006, police officers have been allowed to seek a judicial search warrant to extract your blood, while still having the right to move for the 12- month suspension for your refusal to be tested. So far, our state does not criminally punish people for refusing the implied consent law testing, but many other states do.
If you refuse a breath or blood BAC test, your driver's license will be suspended by the GA DMV (called DDS in Georgia), for 12 months. When you have a second or subsequent refusal, the civil suspension is for three years, with no chance to regain a full license (if suspended) for 18 months.
However, you can appeal a civil driver's license suspension by requesting a hearing. If you are arrested for a DUI, refuse to take a chemical test, and receive notice of an administrative license suspension, call our DUI attorneys immediately.
WARNING: You have ONLY 30 DAYS after the arrest to protect your RIGHT TO DRIVE! Call us NOW for free advice on how you take steps to prevent this.
For Free Legal Advice, Call Our Atlanta DUI Attorneys Near Me Today
When you need a DUI criminal lawyer, look ONLY for the best DUI lawyers in GA. Our law offices have three of those top attorneys in Atlanta. Our law firm is led by Board-Certified DUI attorney Bubba Head, a 46-year veteran of criminal cases, including DUI as well as general criminal defense.
Law partners Cory Yager and Larry Kohn handle every type of criminal case, from traffic ticket defense to murder. Where else will you find a DUI legal group with THREE published, national book authors on DUI laws?
How to Beat a DUI in GA
With four office locations in Fulton County and Cobb County, our criminal defense attorneys can assist in your defense. If you have been charged with a drunk driving offense, the DUI attorneys at our Atlanta law firm are here to protect your rights, review the evidence of your case, and build you the strongest defense under state and federal constitutional and statutory law.
Our criminal lawyers near me want to help you prove your innocence and (by doing so) avoid having you to deal with the consequences of a DUI conviction. Our legal professionals take pride in finding favorable solutions that other lawyers never know exist.
William C. Head, DUI Attorney Atlanta and Drunk Driving Book Author Since 1991
Contact us online today or at (404) 567-5515 to schedule an initial consultation. One of our partners will be the attorney near me and will call you back 24-7 and on holidays.
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 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 by clients knowing their legal rights and following the many rules for not self-incriminating.
Contact our three Top-Rated DUI Attorneys William Head, DUI defense lawyer Larry Kohn and DUI Criminal Attorney Cory Yager, for immediate case attention. Our law firm near me has 4 Metro Atlanta DUI Law Office locations. Call today, 24 hours a day, to our DWI-DUI law firm's local criminal defense office: 404-567-5515.
Obtain your FREE Lawyer Consultation and receive a FREE DUI case review by one of our 3 award-winning DUI defense attorneys. This in-depth, co-cost lawyer review invariably helps any accused citizen facing a driving under the influence (D.U.I.) charge in the Peach State to see the options for fighting their DUI arrest.