As a Georgia DUI Lawyer, I hear many misconceptions about DUI in Georgia on a regular basis. Georgia DUI Laws are complicated, and most people hear the wrong information from other drivers, from the internet, or even worse - from other lawyers.
My goal in today's post is to clear up some of these mistakes. I will outline a list of the top ten mistakes I hear regularly about DUI in Georgia.
Top 10 Mistakes About DUI in Georgia
- “A DUI will come off of my record.” - Most people believe that a DUI will roll off of their record in 7 years like other traffic violations. This is false. A DUI is a serious traffic violation, and it stays on your permanent record.
- “I can get my DUI conviction expunged.” - A DUI conviction cannot be expunged.There are only two ways that a DUI can even be restricted from a person's criminal history. First, the DUI case went to trial, and a judge/a jury found the accused not guilty of all offenses. Second, the State of Georgia completely dismissed all charges.
- “I will be convicted of DUI if I tested above the legal limit.” - There are always Georgia DUI Defenses that can be applied in any case - regardless of whether you refused testing or if you tested above the legal limit.
- “It looks worse if I refuse testing.” - Again, there are always defenses that can be utilized.
- “A lawyer can guarantee that my DUI case will be dismissed.” - Never trust a lawyer who guarantees you a particular outcome. No legal professional should ever guarantee an outcome. The outcome of any case rests in the hands of the judge or the jury or both.
- “My personal connections will help my case get dropped.” - Personal connections are great to have, however, those connections will not stop you from being charged according to the law.
- “The result of my prior DUI case can be changed now.” - Prior DUI convictions are taken seriously in the state of Georgia. And just as with a current DUI conviction, a prior DUI conviction cannot be changed or expunged or restricted from one's record. Georgia Courts are able to see any and all previous DUI convictions, and that will be taken into account when the judge looks at your case.
- “I was not read my rights during my arrest, so my case will be dismissed.” - Most of the time, Miranda rights are not even applicable in a DUI arrest. It is important to trust a Georgia DUI Attorney with properly defending your case and with determining whether or not your rights were violated.
- “DUI Laws are the same in every state.” - As I've mentioned many times before, Georgia has some of the strictest laws regarding driving under the influence in the country.
- “This is my first offense, so the penalties will not be bad.” - Georgia DUI Penalties are relatively standard. Regardless of whether or not this is your first offense ever or your first ever DUI, the penalties will be up to the judge to decide.
If you or a loved one has been arrested for DUI, contact our offices today.