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
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
"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!