There are many myths and misunderstandings about Georgia's DUI Laws. Misinformation can lead to poor decision-making. Below are 10 things about Georgia DUI Law that you may not know.
You are not drunk at .08 but still can be charged and convicted of a DUI:
The "legal limit" in Georgia is .08. Many people charged with DUI are surprised because they did not feel intoxicated or drunk. What is misunderstood is that at .08 most people will not feel intoxicated or drunk. As a result, people need to be careful after consuming more than one drink. The .08 standard is quite low.
Also, you can be charged with a DUI below the “legal limit,” if you are a less safe driver due to the consumption of alcohol.
You may be innocent:
Just because you are above .08 on a breath test does not mean you are automatically guilty. Breath testing has been shown to be inaccurate. There are many things that can affect the result on a breath test. Our job as Georgia DUI Attorneys is to find a defense in our client's case. We never assume guilt.
DUI can be a misdemeanor or a felony:
Most Georgia DUI cases are misdemeanors. However, if you are charged with a fourth DUI, charged with driving after being declared a Habitual Violator, charged with Vehicular Homicide, or charged with Serious Injury by Vehicle, you will be charged as a felony.
Any attorney can handle your case:
As with most areas of the law, Georgia DUI Lawyers specialize in Georgia DUI Defense. We only handle DUI cases. Our experience can be the difference between an acquittal and a conviction.
You can win your case:
We evaluate your case for all potential legal and factual defenses. Many Georgia DUI Defenses are not obvious. If a defense exists, we will find it. We always seek to get our clients the best possible outcome. We win jury trials every year and get many cases reduced to reckless driving.
You can be charged and convicted if you refuse a breath test:
People tell me at least once a day that there is no evidence against them. They assume that because they refused a breath or blood test they cannot be convicted. Evidence in a DUI case also includes a person's manner of driving, the odor of alcohol on their breath, their ability to perform field sobriety tests, and any admissions of drinking. The fact that someone refuses a breath test can also be used against someone in the case against them.
Field Sobriety Tests are designed to make you look bad:
No one can successfully perform field sobriety tests, regardless of impairment. There is never a reason to submit to them.
The Police Officer who charged you is not your friend:
Many people tell me that the police officer promised to help in their case. If the police officer wanted to help, he or she would not have made the arrest. This does not mean police officers are bad or unfair. It means that they are the State's witness against you.
You have 30 days to appeal your license suspension:
As of July 1, 2017, Georgia changed its appeal procedures in DUI cases. The former Law required an appeal be filed within 10 days of a person's arrest. Now, you have 30 days to appeal your license suspension or install an ignition interlock device on your car.
The outcome of your case cannot be changed later:
People call our office every day and ask for an expungement of their prior DUI conviction. Unfortunately, we cannot change the outcome of a closed case. When you look at the potential Georgia DUI Penalties, it should be clear that everyone should take his or her case seriously while it is still pending. Once your case is closed, there is nothing we can do to help.
Always remember that the best decisions are made when you are fully informed. If you are charged with a DUI in Georgia, call our office 24/7. We are here to help when you need it most.