Common Mistakes about DUI in Georgia

Posted by Richard Lawson | Apr 29, 2018 | 0 Comments

An experienced Georgia DUI Lawyer knows that the rules and customs around the DUI Laws in Georgia are both extremely complicated and technical. Without professional guidance, many people interpret the laws on their own and end up facing harsh Georgia DUI Penalties. 

My point in highlighting some of the misconceptions about Georgia DUI Law is to emphasize just how important it is to seek legal guidance when arrested for DUI in Georgia

“I thought I could drive until my court date.”

  • When charged with a DUI in Georgia, a person only has 30 days to file their appeal or else his or her license will be suspended.  Unfortunately, even cops get this one wrong. Sometimes police officers will tell people that they can drive on the permit given to them (usually a DDS-1205) all the way until their court date. In some counties, a person's DUI court date isn't for several months. A DDS-1205 is merely a 45-day driving permit - on day 46, the permit expires and your license is suspended unless you have filed your appeal. You only have 30 days from the date of your arrest to file an appeal of your driver's license suspension or elect to install an ignition interlock device on your vehicle. This appeal results in a Georgia ALS Hearing before the Office of State Administrative Hearings. The purpose of the hearing is that you can continue to drive.

“But the cop was out of his jurisdiction…”

  • Unknown to most people, the majority of police officers can pull people over outside of either the city or county in which they are employed. Furthermore, all deputy sheriffs have statewide arrest powers.  However, it is customary that when most officers stop someone suspected of driving under the influence that they then turn that person over to the local police when they arrive.

“My connections will help me get my charges dismissed.”

  • Many Georgians believe that if they are powerful members of the community or if they know political figures that they have enough influence to get their charges reduced or dismissed. DUIs are taken very seriously in Georgia. We are ranked the 2nd harshest in DUI Laws in the country, and DUIs carry a lot of stigma. No amount of power or influence will help in the state's decision about whether or not you are guilty of DUI.

“I'm an out of state driver charged with DUI, so the outcome of my DUI case in Georgia won't affect me.”

  • Georgia DUI by out of state drivers should be taken very seriously. Your DUI arrest in Georgia can cause you to lose your freedom and your privilege to drive not only in the state of Georgia but also in your home state. Again, just because you're not from Georgia does not mean that a Georgia DUI won't affect you, your driving rights, or your freedom. 

“If I hire a lawyer, my DUI is guaranteed to be dismissed.”

  • Yes, hiring an attorney is essential, but it does not guarantee any particular outcome. The decision to dismiss or reduce your DUI case is completely left up to the prosecution. However, you do have a much better chance at a reduction or a dismissal if you are represented by a Georgia DUI Attorney. I've written posts about the concept of lawyers guaranteeing outcomes. Never believe an attorney who guarantees or promises a certain result in court regarding your case. Our attorneys will never guarantee an outcome just to get your business.

If you or a loved one has been charged with a DUI in Georgia, contact a Georgia DUI Attorney today. We will walk you through the process and evaluate what Georgia DUI Defenses may apply to your particular case. 

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!