DUI Myths & Misconceptions

DUI Arrests and Procedures in Georgia

Many people have very different ideas about what happens during a DUI arrest. Most of these people may have an incorrect understanding of the procedures involved. Your own understanding of DUI law and arrest procedure may be influenced by one or more of these myths and misconceptions. At The Law Offices of Howard J. Weintraub, P.C., one of the goals of our DUI defense lawyer in Atlanta is to help our clients get informed about the law. If you are facing a DUI charge, review the common DUI myths that follow.


"I failed the field sobriety and breath test—an attorney can't help me."


Wrong. Your performance during field sobriety tests is evaluated by the arresting officer, 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, which may question the validity of the test evidence if it is brought against you in court.

As for breath tests, the Intoxilyzer 5000 machine it is not necessarily reliable, because a person's physiological circumstances may affect the results. 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. Your attorney may use any one of these factors to invalidate the results of a rest.


"They can't charge me with a DUI because I wasn't even drunk."


Wrong. You do not have to be a falling down drunk to be arrested for DUI. 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 has been set at 0.04% BAC, and the threshold for drivers under the age of 21 is 0.02% BAC. 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 10 years ago. I won't face any increased penalties."


Wrong. 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 probably will be used against you by the judge determining your sentence on a subsequent DUI conviction that occurs several years after your last conviction. Don't make any assumptions when confronting a DUI charge—get assistance from a DUI attorney in Atlanta.


"It's my first offense. I won't lose my license or have to go to jail."


Wrong. 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. Because this is your first lifetime conviction, the law allows you to receive a limited use driving permit and your license can be reinstated after 120 days if you have met the right conditions.

Do Not Take Your Rights for Granted—Call 404-907-1536

A conviction for DUI can have serious consequences on your driving privileges and future opportunities. Do not underestimate the effects of your DUI arrest. At The Law Offices of Howard J. Weintraub, P.C., our team has more than 40 years of collective experience tackling difficult legal issues. Our Atlanta DUI lawyers have helped clients in more than one thousands DUI cases. Let us help you protect your rights and driving privileges from the consequences of a DUI.

When you are ready, schedule a case evaluation with our firm!