Do not make the mistake of assuming that every Georgia lawyer is a Georgia DUI attorney.  That is clearly not the case.  Any lawyer license to practice law in Georgia may represent a person charged with DUI.  However, failing to retain a lawyer that specializes in the defense of DUI cases can have a very real and devastating impact on the conclusion of your case. 

Georgia DUI law is complex, and the facts which comprise these cases can be even more complicated.  The failure of your DUI attorney to fully understand how to beat your DUI charge can result in real harm to you.  We see these “Top 10 Mistakes” made all the time, and we have listed them out so you can hopefully avoid these mistakes in your case.

1. Assuming that the case cannot be won

There is little doubt that pleading guilty to driving under the influence (DUI) and relieving the government of its burden of proof is the single biggest (and most common) mistake people accused of DUI in Georgia make.  Do not assume that your case cannot be won.

Many lawyers advise client to plead guilty based on a breath test number and a review of the police report.  Quite simply, this is bad legal advice and it shows an inadequate understanding of the deficiencies of testing for alcohol (and drugs) in Georgia.

Every DUI case is comprised of a number of assumptions. Some assumptions are more well grounded in fact than others. It surprises many clients to learn that certain pieces of evidence, such as the breath test, assume certain things about them which are scientifically questionable – if not outright false.

One example of this type of assumption is the “partition ratio” employed by the Intoxilyzer 5000. Georgia currently uses a machine called the Intoxilyzer 5000 for breath testing in DUI cases. This machine assumes that for every 1 part of alcohol in a person’s blood. Every breath testing machine in Georgia makes an assumption about the concentration of alcohol that is in a person’s blood in comparison to the content of alcohol that is in a person’s breath. The partition ration accepted by the state of Georgia is 2100: 1. However, this ratio does not accurately reflect the partition ratio varies widely from 900:1 to approximately 3400:1. Overestimating the partition ration can result in a dramatic overstatement of your BAC.

If you submitted to the state-administered breath test in connection with your breath test here in Georgia, you know that the arresting officer did not perform any sort customization of the test for you. No attempt was made to confirm that the assumed partition ratio was correct for you. This type of “one-size-fits-all” approach is great for efficiency in prosecuting DUI cases, but it is a horrible policy when our goal is to obtain fairness for individuals facing a criminal offense that carries with it potentially devastating long-term consequences.

The partition ration problem is only one example of a scientifically flawed assumption employed in the prosecution of DUI cases. Our Georgia DUI lawyers are prepared to challenge the state’s evidence in your DUI cases.

Defending a Georgia DUI case means asserting your rights, specifically your right to force the state to meet its burden of proving your guilt beyond a reasonable doubt.  Obviously, you must pay your DUI lawyer enough to ensure that he will value the time he spends on your case.

The results of breath tests can often be overcome with a "Motion to Suppress," with cross-examination of the state's expert or the police officer, or with evidence of the defendant's sobriety.

Like any other service, lawyers must be paid a sufficiently to justify the time that must be spent on your case to adequately prepare your defense.  However, lawyers  frequently overestimate the cost and difficulty of preparing and trying a drunk driving case.  The inability or unwillingness of many Georgia lawyers to quote a fee that is reasonable to fully defend a DUI case is usually a result of the lawyer’s lack of understanding of Georgia DUI law and fear of trying a complicated Georgia DUI case.

You must recognize that if your lawyer commonly pleads his or her clients guilty to driving under the influence (DUI), you will most likely suffer.  The reason is simple: if your lawyer commonly pleads clients guilty to DUI, he or she will lose credibility in negotiating cases.

2. Failing To Understand Georgia's Implied Consent Law And Investigate Whether The Implied Consent Law Was Followed

In order for blood, breath, or urine test to be admissible in a Georgia DUI case, the arresting officer must comply with Georgia’s implied consent law.  Applying Georgia’s implied consent law to the particular facts of a case can be confusing, particularly for a lawyer that does not thoroughly understand it and its implications in a DUI case.

Unfortunately, many Georgia attorneys do not understand the implied consent law enough to recognize that an issue exists which could result in the exclusion of the blood, breath, or urine test.  We are Georgia DUI lawyers and we understand the critical importance of knowing Georgia’s implied consent law.  We understand that in many Georgia DUI cases, the exclusion of the blood, breath, or urine test will result in the dismissal of a DUI charge.

3. Not Visiting the Scene Of the Arrest

Visiting the scene of the arrest can be critical to success in a DUI case.  Despite this, many lawyers don't visit the scene of a DUI arrest.  Wouldn't you want your DUI lawyer to know that the slope of the ground makes it virtually impossible for a person to stand one leg?  Wouldn't you want your DUI lawyer to know that the speed of traffic traveling on the road where you were arrested will nearly blow a person over? This type of detailed preparation by your DUI lawyer can make the difference between winning and losing a DUI case. 

4. Not Fighting the Administrative License Suspension

The administrative suspension hearing for a person charged with DUI is a process that many attorneys assume that they cannot win and, therefore, they advise clients not to pursue the defense of the administrative suspension.  In cases where the client submitted to the state’s blood, breath, or urine test, there is little, if any, reason why an attorney should not defend the administrative suspension.  Yes, the hearings can be won, but even if the hearing is not won, you will get an opportunity to preview the officer’s testimony outside of the criminal proceedings.  With the aid of a qualified Georgia DUI lawyer, a transcript from the administrative suspension hearing can be used to win your Georgia DUI case.

5. Failing to File Motions that Could Win the Case

All Georgia DUI lawyers should file a pre-trial motion challenging "probable cause" to stop and investigate you. Like the administrative suspension hearings, these motions can be won -- and even if you lose, they provide another opportunity to hear the arresting officer testify under oath.  Failing to file pre-trial motions challenging a client’s stop and detention generally means that the lawyer may be hearing the officer’s testimony for the first time at trial and you may be surprised by what you hear.  A good DUI lawyer will do everything possible to avoid the possibility of being surprised, particularly in front of a jury.

Most “suppression motions” are not successful.  As a general rule, the stop of a person driving is legal if there is a "reasonable and articulable suspicion" that a crime was being committed. It's usually enough that the defendant weaved or arguably committed some minor traffic violation. For the arrest, it's usually enough that the defendant arguably did not complete the roadside agility maneuvers in strict accordance with the officer’s directions.  Unfortunately, it doesn’t take much to cause an ordinary citizen to undergo the tremendous stress of a Georgia DUI charge.

However, once in a while, something will resonate with a judge and the motion will be granted.  An inexperienced or overly confident officer may not testify to the necessary details required to validate the stop. Remember, your lawyer represents your interests. Your DUI attorney is not there to make it easier for the government to make its case against you. You need a Georgia DUI lawyer that is willing take up the government’s time – willing to make the government work in its prosecution of you.  If the government is seeking to take away your rights, don’t you at least deserve a Georgia DUI lawyer that will make the government work to do that? 

Also, even if you lose, the hearing on the motion it is a way of learning.  As with the suspension hearing, the officer can be asked a broad range of questions and his testimony can be used at trial as well as in plea bargaining. An officer’s testimony will frequently change from the administrative suspension hearing to the  pre-trial hearing and again at the trial.  It is to your benefit to have the officer under oath many times.

6. Not Using the 'Training Manual' for Roadside Tests

7. Ignoring the 'Extra' Penalties

Before you decide that fighting a Georgia DUI charge is too expensive, you must understand the costs of a DUI conviction.  If you are convicted of driving under the influence in Georgia, you must understand that, in addition to the possibility of a fine or jail time, you also face the possibility of a license suspension or revocation, higher insurance rates, job loss, travel restrictions, and the inability to rent a car.

You deserve the service and expertise of a Georgia DUI lawyer that will take the time to understand you personally and explore whether you can afford to plead guilty.

8. Trying to Make the Officer Sound Like a Liar

All to frequently, lawyers make trials and hearings more about their own ego than their client’s well-being.  Lawyers search needlessly for the magic “Perry Mason” moment when a much more subtle result would work just as well. This egotistical behavior is most often exhibited in the cross-examination of the officer.

Effective DUI defense lawyers understand that an officer’s honest mistake, rather than an intentional lie, will frequently be enough to win a case.  Furthermore, jurors tend to be more inclined to believe that an officer made an honest misstatement, rather than believing that the officer is intentionally lying.

9. Putting the Client on the Stand

Putting the client on the stand is not always advantageous. Clients do not usually have experience as a witness, therefore they behave anxious and give the impression of being dishonest.

Putting the client on the stand could cause the jury to feel like they are choosing The spotlight is now on the defendant, and if they are telling the truth, rather than there being reasonable doubt in the case.  The prosecutor will question your client, and could leave an impression that they are withholding information.

Having the client take the stand only if they need to challenge what the officer has stated may be a wiser choice.

For example, if the officer claims the defendant admitted to having had 10 beers, you may need him to testify that he never said this.

10. Not Consulting a Specialist

It is no longer safe to rely on Uncle Bob, the lawyer, to represent you in your Georgia DUI case. Consult a Georgia DUI defense lawyer, a lawyer that spends the time and effort necessary to stay current on the science and law of DUI cases.