Managing Expectation When Charged With a DUI

When people call my office, I always ask "what would you like your attorney to do for you?"  Most want to be treated fairly and proportionally to the treatment received by others.  Some want to fight their cases, and that is perfectly fine.  Anyone who feels that they are not guilty of DUI has a right to contest their charges.  We do this every day for people.  Any person who believes the police violated their rights or didn't follow proper procedures also has a right to fight their case.  We hold the State to account on all of our cases.

It is, however, difficult to help someone who wants us to guarantee the dismissal or reduction of their charges.  There are two sides to any litigation.  In criminal cases, the State is represented by the prosecutor, and we as defense attorneys cannot force the prosecutor to do anything.  We can present to him or her our side of the case and advocate for our clients.  We can offer to show any evidence in mitigation as well.

However, we cannot force the State's Attorney to agree with us.  That is why cases sometimes need to be litigated.  In Georgia, DUI defendants are entitled to a trial by six jurors.  In felony DUI cases, the accused has the right to a trial by 12 jurors.

The point I am trying to make is there is nothing wrong with wanting your DUI case dismissed.  No attorney can promise it.  If negotiations are unsuccessful, it is important to have a skilled trial lawyer on your side.