5 Common Georgia DUI Myths

There are many misconceptions when it comes to DUI laws and arrest procedures in Georgia. Without the guidance of a Savannah DUI lawyer to help navigate you through every step of your case, you may be influenced by one or more of these common Georgia DUI myths. As a result, you could be missing steps and defenses that could help build a solid case in your favor.

One of the main goals of our Savannah DUI defense attorney is to help clients get informed about the law. 

If you are facing a DUI charge, review these five (5) common Georgia DUI myths.

“There is not much a Georgia DUI attorney can do to help me since I failed the field sobriety and breath test.”

False. The arresting officer evaluates your performance during field sobriety tests, which is inherently subjective. More importantly, the training manual for administering field sobriety tests stresses that the test is only valid if standardized procedure is followed. Changing any part of the field sobriety test procedure may compromise its results. As such, your attorney may challenge the validity of the test evidence if it is brought against you in court.

As for breathalyzer machines, they are unreliable because they often present false positives from things like mouthwashes and breath sprays containing alcohol. Other factors, such as not eating for several hours before drinking alcohol, having low body fat content, and even being a diabetic, can impact the machine’s reliability and accuracy.

“They can’t charge me with a DUI because I wasn’t even drunk.”

False. You do not have to be “drunk” to be arrested for DUI in Georgia. The law allows prosecutors to sustain a charge even when an individual’s blood-alcohol content is less than the 0.08% blood alcohol concentration (BAC) threshold. 

In addition, the threshold for individuals driving commercial motor vehicles is set at 0.04% BAC, and the threshold for drivers under the age of 21 is 0.02% BAC. Therefore, it is very possible that you may be arrested for DUI without showing any clear signs of intoxication, and even when you are not intoxicated at all.

“My last DUI conviction was more than ten (10) years ago. I won’t face any increased penalties.”

False. Judges may go beyond the “ten-year look-back period” when determining sentences in DUI cases. The reality is that a drunk driving conviction remains on your record forever and will likely be used against you by the judge deciding your sentence on a subsequent DUI conviction that occurs several years after your last conviction. Don’t make any assumptions when facing a DUI charge—get assistance from a DUI attorney in Savannah.

“It’s my first offense. I won’t lose my license or do jail time.”

False. The reality is that if you are convicted of your first lifetime DUI, law mandates that you have to serve at least 24 hours of jail time, and you face a potential sentence of up to 12 months in jail. In addition, there is an automatic 12-month license suspension. However, because this is your first-lifetime conviction, the law allows you to receive a limited use driving permit, and your license may be reinstated after 120 days if you have met the right conditions. 

“I can get my DUI expunged.”

False. There are only two instances where a DUI in Georgia can be restricted from your criminal history. First, you took your case to trial either by a jury or a judge, and they found you not guilty of all offenses, including any related offenses, such as failure to maintain lane. The second way to have your record restricted is if the State completely dismisses all your charges. 

Many people mistakenly believe that if their charges were reduced to reckless driving, this constitutes a dismissal and they are therefore eligible for record restriction. That is not the case. The charges must be entirely dismissed, not just reduced. 

Know Your Rights—Contact a Savannah DUI Lawyer

Do not underestimate the effects of your DUI arrest. A conviction for DUI can have severe consequences on your driving privileges and future opportunities. It’s important to know your rights and even more important to have a skilled DUI attorney on your side.

I have extensive experience in DUI cases. Let me help you protect your rights and driving privileges from the consequences of a DUI. Contact my Savannah law office today at 912-656-5996 or go online to schedule a free consultation.