Any qualified and experienced Georgia DUI Lawyer knows the rules and customs of the court system in Georgia. Without guidance, there are many misconceptions about DUIs in Georgia that can actually lead to an accused person making poor judgments about his or her case. Sometimes this judgments result in irreversible outcomes. Today, I will highlight what I think are the top five misconceptions about DUIs in Georgia.
1. “DUIs come off my record - DUIs can be expunged.” A DUI is a misdemeanor traffic offense in the state of Georgia and will stay on your permanent record for life. A DUI conviction remains on criminal history indefinitely. There are actually only two instances in which a DUI can be expunged or restricted from your history. First, if 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. Second, if the State completely dismisses all charges. A charge reduction does NOT constitute a dismissal. All charges must be entirely dismissed.
2. “A lawyer can't help me if my breath test resulted in above the legal limit.” I recently wrote on this topic. This is a very common misconception. A top rated Georgia DUI Attorney is experienced in every possible defense in regard to breath tests in Georgia. This includes challenging the reason for the stop, the nature of the breath test submission, the equipment utilized, etc. Even if the breath results are included in evidence, an attorney can often negotiate a better plea offer.
3. “If I complete my community service, my DUI case will be dismissed.” Completing community service or DUI school before going to court can be extremely helpful. However, it does not result in a dismissal of your charges. Community service or DUI school does not negate the fact that you may be guilty of the charges. Completion of these items does show that you are serious about the charges and could help you in getting your charges reduced.
4. “If I hire a lawyer, my DUI is guaranteed to be dismissed.” Hiring a lawyer is definitely essential for handling your DUI charges, but it does not guarantee a particular outcome. This decision is completely up to the prosecutor. 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. We refuse to give you a “guarantee” just to get your business.
5. “If I wasn't read my rights, then my DUI case will be dismissed.” Miranda rights refer to a person's right against self-incrimination. This is guaranteed by the 5th Amendment to the United States Constitution. Usually, Miranda rights do not apply to a DUI case because the police are not trying to elicit a confession from you.
If you are charged with a DUI in Georgia, you are advised to immediately contact a Georgia DUI Lawyer to discuss your case. Contact us today.