How to Beat a DUI? – Get Your DUI Charges Dismissed or Reduced
Defending DUI Cases in Savannah, Pooler, Richmond Hill, Rincon, Garden City, Port Wentworth, and Tybee Island
Imagine entering the courtroom and hearing that your DUI charge has been dismissed or reduced to reckless driving. How would that make you feel right now?
A DUI charge does not mean a DUI conviction. You don’t have to simply go along with what law enforcement and the prosecution say. You can fight your charges, and you don’t have to do it alone.
Fighting your charges might be scary. You’re probably worried about what a conviction might mean – jail time, fines, and a permanent criminal record. We start each client engagement by giving our clients hope.
It’s possible to get your charges reduced or dismissed. At The Claiborne Firm, we take the time to listen to the client’s side of the story, and we stand up for their rights in court. We give our clients the time they deserve because we keep our caseloads low, unlike many of the other DUI attorneys you might see on TV.
What Does DUI Mean in Georgia?
Georgia law defines two types of driving under the influence (DUI) violations – “under the influence” and DUI “per se.” In the first category, a police officer makes a judgement that you are “under the influence” and were operating a vehicle after consuming alcohol or an illegal substance. Even if you take a breathalyzer or blood test and your blood alcohol content (BAC) is under the legal limit of 0.08, you can still be charged and convicted of DUI as a result of the officer’s field sobriety tests and his or her subsequent determination.
The second category, DUI “per se,” is charged when the results of a breathalyzer or blood test are above the legal limit of 0.08. This type is more challenging to defend, but not impossible by any means.
Is Being Charged with DUI a Felony in Georgia?
DUIs can be either a misdemeanor or a felony in Georgia. The type of charge depends on if you’ve had previous DUI offenses, your age, your breath or blood test results, and the presence of minors in the vehicle.
What Are the Potential Penalties for a DUI charge?
The penalties for DUI in Georgia depend on the number of previous DUI charges you’ve been convicted of and your blood or breath test results. They include:
- • First offense – Fines up to $1,000, jail time up to one year, license suspension up to one year, 40 hours community service, participation in a DUI course, and probation.
- • Second offense – Fines up to $1,000; jail time up to one year, license suspension up to three years, 40 hours community service, participation in a DUI course or alternative treatment program, probation, and possibly mandated use of an ignition interlock device.
- • Third offense – Fines from $1,000 to $5,000; jail time up to one year; license suspension up to five years, 40 hours community service, participation in a DUI course or alternative treatment program, probation, and possibly mandated use of an ignition interlock device.
- • Fourth offense – All fourth offenses are considered felonies punishable by fines up to $5,000 and prison time in a state facility from one to five years.
How Can I Fight My DUI Charges?
Fighting DUI charges is possible. You don’t have to settle or take a plea bargain. Some common DUI defenses include:
- • Lack of probable cause to pull you over
- • Inaccurate breath or blood test equipment
- • Improper breath, blood, or field test procedure
- • Improper handling of test samples
- • Police misconduct
- • You were not actually driving
- • Something called “rising blood alcohol concentration,” meaning that in the time between when you were pulled over and when you were tested, your BAC rose above the legal limit, and you were plausibly under the legal limit at the time of the stop.
• How To Beat a DUI?
• DUI First Offense
• DUI Second Offense
• Appealing License Suspension
• DUI Blood Tests
• DUI Breath Tests
• DUI Test Refusal
• DUI With Child in Car
• DUI Dash and Body Cams
• Hiring an Experienced DUI Attorney
• DUI Field Sobriety Tests
• DUI License Property and Rights
• DUI Fines and Penalties
• DUI Impact on Employment and Life
• DUI Implied Consent Law
• DUI Jail Time
• DUI Repeat Offenses
• Types of DUI Charges
• Underage DUI
• DUI Less Safe Law
What Factors Can Affect a Failed Field Sobriety Test or Faulty BAC Test?
Certain medical conditions can cause the illusion of inebriation or cause a false-positive BAC test. Slurred speech can be caused by lack of sleep. Poor balance can be caused by nervous system disorders. Simple allergies can cause watery, red eyes. Conditions like ketosis can cause your breath to smell like alcohol. Ketosis can also cause a breathalyzer test to spike. Any of these factors can be used as a defense in your case.
What Sets the Claiborne Firm Apart?
The Claiborne Firm built its reputation on standing up against injustice. We keep our caseloads low, which is rare in this industry. We do that so we can give each case the time and attention it deserves. We are aggressive in the courtroom, and we love the challenge of devising creative defense strategies for cases where the odds are stacked against us. If the occasion calls for it, we’ll engage with the media on groundbreaking cases. Finally, we stand by our clients through the toughest fights.
If you have been charged with DUI in Georgia, reach out today at (912) 351-8775 to schedule a free, no-obligation case review.
Example DUI Case Wins
DUI – Charges Reduced
Our client was charged with DUI after he supposedly refused DUI testing. His vehicle had crashed into a light pole, which knocked him unconscious. While he was lying on a spinal board receiving vital aid from paramedics, a police officer shouted at him, demanding that he blow into the breathalyzer and consent to DUI testing. In the eyes of the officer, our client refused.
We proved the accident had knocked our client unconscious, making him not mentally capable of answering questions or consenting to the test. We got the DUI charge reduced to failure to maintain lane.
Breath Test Results Challenged – DUI Charges Dismissed
A client was stopped for a simple traffic offense and subsequently investigated for DUI. The Claiborne Firm challenged the breath test results and had the DUI charges dismissed.
Weaving in Traffic – DUI Charges Dismissed
A client was stopped for weaving in traffic. The attorneys at the Claiborne Firm challenged the roadside field sobriety tests and the case was dismissed.
Multiple DUI Convictions – Case Reduced
A client was stopped and arrested for DUI. This client had multiple prior DUI convictions. The Claiborne Firm was able to keep the prior convictions suppressed and the DUI charged was reduced.
DUI – Charges Reduced
The Claiborne Firm represented a mother that was charged with DUI. The police charged her with multiple DUIs and child endangerment because a few children were in the vehicle. The Claiborne Firm was able to get the DUI charges reduced and the mother was able to return to her children.
Call (912) 351-8775 or Schedule a Free Case Evaluation Online