As a Georgia DUI Attorney, I will focus on the misunderstandings I hear the most after speaking with people charged with DUI in Georgia.
1. “A conviction doesn't matter now - I'll just get it expunged later.” This is probably the most unsettling news to deliver to people. I get numerous calls requesting our help with Georgia DUI Expungement. A DUI is classified as a misdemeanor traffic offense in the state of Georgia. This means that it will stay on your permanent record for life.
There are only two circumstances in which a DUI will not stay on your permanent record. These include:
(1) The accused person took his or her case to trial either by judge or by jury, and they found him or her not guilty of ALL offenses, including any related offenses
(2) The State completely dismisses all charges.
2. “I will be convicted if my breath/blood test resulted in above the legal limit.” There are actually different Georgia DUI Defenses concerning breath and blood tests in Georgia. Even if the breath results are included in evidence, an attorney can often negotiate a better plea offer.
3. “My DUI case will be dismissed if I complete my community service before my court date.” Yes, it is true that it is helpful if you complete your Georgia community service or successfully finish Georgia DUI School. However, it does not result in a dismissal of your charges because it does not negate the fact that you might be guilty. The reason we suggest all of our clients to complete both community service and DUI school is that it demonstrates that you are serious about the charges and could help getting your charges reduced.
4. “My DUI is guaranteed to be dismissed because my lawyer said so.” Hiring a lawyer is essential for handling your DUI charges, but it never guarantees a particular outcome. You have a much better chance at reduction if you hire a lawyer then if you represent yourself in court. NEVER believe any attorney that promises you a particular outcome. In fact, we refuse to give anyone a “guarantee” just to get business.
5. “I was never read my Miranda rights, so my DUI will be dismissed.” Usually, the requirement of being read Miranda rights in Georgia usually does not apply to a DUI case because the police are not trying to elicit a confession from you.
If you or a loved one has been charged with a DUI in Georgia, contact a Georgia DUI Attorney today.