Not Everyone that is Arrested for DUI is Guilty

Posted by Richard Lawson | Feb 19, 2017 | 0 Comments

Innocent until proven guilty is what we hear on TV, right? Unfortunately, we live in a world where the stigma of being arrested for a DUI can be overwhelming. When the world is judging you before you have ever been to court, what do you do? We represent plenty of clients that are in fact guilty of the charge of DUI. Our jobs are to help them navigate the legal system and advocate for them to receive the best possible outcome, whether that be reducing jail time, keeping them driving, or possible a reduction in charges. Many people are not looking to have the charges dismissed because they know they are guilty of the charges accused. They are seeking to be treated fairly with the best possible outcome.  What do you do when you simply are not guilty?

It is unfortunate, but we live in a society where sometimes those that are innocent need the best legal representation possible. We come across many people that have been charged with a crime they truly are innocent of committing. Here are a few situations we have recently encountered: 

  • A diabetic that is suffering from hyperglycemia with a glucose level above 400. His symptoms included being lethargic, confused, unsteadiness on his feet, and dizziness.  His medical symptoms mimicked being under the influence of alcohol. He had not been drinking, yet he was arrested for a DUI. 
  • A person that was coming home from grocery shopping who had purchased a six-pack of beer.  While driving home, he was in an accident which was the fault of another driver.  The bottles of beer were shattered in the crash, thereby giving the appearance that he had consumed alcohol before driving.  Additionally, he was disoriented from the accident further causing the responding police officer to believe he was under the influence of alcohol. The police should have called an ambulance, but instead, our client was handcuffed and taken to jail.  Because of his disorientation, he refused a breath test, and as a result was charged with a DUI without having consumed any alcohol whatsoever
  • A person traveled to Colorado and legally consumed marijuana, three weeks before having a car accident in Georgia. (where recreational marijuana is legal) As a result of the car accident, he is questioned about marijuana usage and admits to consuming marijuana.  The officer ignores the fact that the marijuana was consumed weeks before and assumes that once a person admits to consuming marijuana, he must use it regularly.  The outcome is a DUI arrest and positive test for marijuana because the metabolites of the drug can remain in a person's system for up to 30 days.  However, these metabolites are no longer impairing after just a few hours. 
  • A person was told to always refuse a breathalyzer if they are pulled over by a police officer.  The advice may have come from a friend or a parent, but it turned out to be bad advice. After drinking only one beer, several hours earlier, the client is pulled over by the police.  Even though he would have easily passed the breath test, he refuses to submit.  The result is a DUI arrest and 12-month license suspension for the refusal. He was arrested and charged with a DUI even though your BAC would have likely been under .08 and possibly even a 0.00.  

*** Practice Note*** At our office we do not believe in blanket advice.  Every situation should be evaluated based on the circumstances.  There are times when a person should both take a chemical test or refuse a chemical test.  Universal advice, such as always refusing, can lead to an innocent person being charged with a DUI.  Our Georgia DUI Lawyers can help you make the best decision.  

These are the people that call our office for help. In a perfect society, with a perfect legal system, they should not have to hire and spend the money on an attorney. The legal system in place in the United States is the best in the world.  However, since it is a human endeavor, it is not perfect. 

Even if your situation may seem hopeless, it is important to allow a Georgia DUI Specialist to evaluate your case. The State has the burden of proving the charges against you, and our job is to hold the state to its burden of proof. Remember also that not everyone that is arrested for a DUI is guilty. Call our Georgia DUI Attorneys now for a free case evaluation.  

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

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!