If you ask any experienced attorney in Atlanta GA at any reputable Atlanta law firm, "Who is the most successful DUI lawyer in Georgia?", the name most commonly mentioned is DUI Atlanta lawyer William C. “Bubba” Head. In fact, virtually every Georgia DUI attorney in practice for 20 or more years knows the name “Bubba Head” because of his many books on Georgia DUI driving law, numerous DUI defense attorney seminars, and criminal trial practice that dates back for 40 years.
If you don't know any criminal defense attorneys in Atlanta to ask for a referral, read more about Mr. Head below, before hiring a DUI defense law expert to handle your case, when it comes to DUI attorneys or for a criminal defense attorney Atlanta GA. If you are searching for a lawyer, the attorney in Atlanta that virtually every member of the Bar and every judge knows is William C. “Bubba” Head.
For four decades, Georgia DUI lawyer Bubba Head has earned a reputation for being an aggressive criminal defense attorney in Atlanta on both misdemeanor DUI cases and felony DUI cases.
Although he and his law firm are best known as Atlanta lawyers who is each a DUI specialist, his criminal trials and cases have covered many types of felonies, including:
Based on legal industry ratings, Mr. Head has been the senior partner in the best law firms in Atlanta for two decades, when it comes to DUI defense driving law and criminal trial practice.
What factors or lawyer reviews determine the best DUI lawyer in Atlanta? Because lawyers in the best Atlanta law firms always dominate statewide directories and attorney rating services (e.g., Best Lawyers in America, Super Lawyers, AVVO, Martindale-Hubbell, NCDD Board certification, Georgia Trend’s Legal Elite, U.S. News and World Report Best Law Firms in America), the best DUI lawyer in Atlanta is widely considered to be the best Georgia DUI lawyer.
Proof of this can be found in looking at the front cover of every Georgia Super Lawyer annual magazine. In 14 total covers, an Atlanta lawyer has made the cover every single year. It is always a top civil attorney, like Emmett Bondurant, William B. Hill, Jr., Peter A. Law and others, because criminal defense (in the legal field) is a bit like the red-headed stepchild of the legal business. In the other lists for Top Women attorneys, Top 100, etc., 90% of the names of best lawyers and best law firms are in Atlanta.
Mr. Head’s reputation as the best Georgia DUI attorney is largely based on his leadership role in leading top law firms in Atlanta since 1990, when he moved to Atlanta, GA from Athens, GA. In addition to DUI attorney reviews of him and his skills, he has hundreds of glowing ratings for his legal services under the AVVO DUI lawyer reviews for his profile. But, simply looking at one factor in determining who is the best lawyer is foolhardy.
Beyond DUI Atlanta attorney reviews – A checklist of legal industry benchmarks to compare other DUI lawyers - Below, review the total, lengthy resume of accomplishments, leadership roles, prior seminar speaker invitations, service to other DUI attorneys, authorship of books on drunk driving, proven trial results (in Georgia and other states), and groundbreaking criminal law appeals relating to alcohol and drugs.
Focusing on this broad, multi-faceted profile, when comparing the best lawyers in Atlanta handling DUI defense law, and based on ALL objective factors and based on longevity, no other Atlanta criminal defense attorney, Georgia DUI defense lawyer, or criminal defense lawyer anywhere else in America can match Bubba Head's list of “firsts,” “uniques,” “industry-leading” accolades and recognitions in the field of criminal law relating to alcohol and drugs:
Lawyer reviews aside, winning is the Ultimate Factor in Attorney Reputation - Awards and accolades for Atlanta DUI Lawyer Bubba Head are one thing, but the huge number of contested cases that this Atlanta lawyer has either negotiated to a reduced plea, or fought successfully at trial over a 40-year legal career sets him apart. Just like in the Kentucky Derby, a horse can have a great pedigree, but the horse STILL still has to go out and win races.
Dozens of those victories (both felony DUI and DUI misdemeanor) and vehicular homicide case victories are outlined in this website, and dozens more have been broadcast on television news and radio news reports in Atlanta, across Georgia, and in the national press. A few of his DUI Atlanta cases have reached national news exposure.
Bubba Head and his team of top-rated driving while intoxicated criminal defense attorneys have successfully represented clients facing driving under the influence alcohol and drug charges in all of the metro Atlanta Municipal Courts, including:
These legal practice area "firsts" will demonstrate why Bubba Head is the "Best-Known DUI Lawyer in America":
FIRST DUI Book That Explains "How to Beat a DUI" - 1991
FIRST Field Sobriety Test Training Course for Defense Attorneys - 1994
FIRST Founder of the Forensic Science DUI Lawyer Training Course Focused on DUI-DWI Defense (MSE) - 1994
FIRST One of 12 Founders of the National College for DUI Defense (NCDD) [for DUI Defense Lawyers ONLY] - 1995
FIRST Intensive Forensic Breathalyzer Training for DUI Attorneys - 1996, 2004
FIRST Blood and Urine Laboratory Training Course for Criminal Defense Attorneys - 1998, 2007, 2008
FIRST DVD Created for Young Adults on Knowing Their Legal Rights When Dealing With Police - 2016
FIRST National Internet Directory of Best DUI Lawyers in Each State (DrunkDrivingDefense.com) - 1999
Almost all of Mr. Head's cases have been in GA, but he has handled DUI cases in other States - Mr. Head's (and his law partners') busiest court is Atlanta Municipal Court. Additionally, in felony criminal cases, Bubba has represented clients as far south as Savannah, Valdosta, and Thomasville, GA, as far north as Michigan, and as far west as California.
But, due to the fact that about 40% of all Georgia DUI cases occur in the four Metro Atlanta counties (Fulton County, Cobb County, Gwinnett County, and DeKalb County), Mr. Head, an attorney in Atlanta, has become widely known for being a top DUI lawyer in Atlanta. Due to the high volume of arrests in Atlanta, this is where people charged with DUI look for a DUI attorney the most.
In addition to book authorship on DUI laws during his four decades of litigating the toughest criminal cases, Bubba Head has authored hundreds of articles on driving under the influence law and criminal trial practice.
More than in any other Georgia jurisdiction, Bubba has fought cases in:
He has also litigated criminal cases in other Municipal Courts located in Fulton County, and in these metro Atlanta jurisdictions:
Atlanta DUI lawyer Bubba Head has spoken at hundreds of drunk driving litigation seminars in Georgia, across the United States, and abroad. While Mr. Head has addressed nearly 80 seminar groups in Georgia since 1990, he also has presented in:
Seminar Presentations Help Spread Mr. Head’s Reputation – Bubba Head, DUI lawyer Atlanta, makes presentations based on his extensive experience on criminal defense practice, state DUI laws, criminal procedure, jury trials, and driver's license suspension issues. His most recent defense attorney seminar presentations were in Louisville, KY on April 29, 2016, and at a DUI lawyer training program in Alpharetta, GA in August of 2016.
He has been the recipient of the most prestigious DUI attorney rating service awards and recognitions as a DUI defense attorney, and Mr. Head is rated by multiple attorney rankings at the highest possible level.
Of all the 100+ lawyers in Atlanta, GA who practice drunk driving defense, Atlanta DUI Lawyer William C. Head’s credentials, awards, and national recognitions surpass the others. That is why Mr. Head is considered the best attorney in Atlanta for impaired driving cases (alcohol or drugs).
Bubba Head, attorney in Atlanta, and his DUI law firm, is known to be the place where celebrities, politicians, judges, other attorneys, doctors, and people who make their living as CDL truck drivers call upon Mr. Head and his Atlanta DUI lawyers at his office to help resolve the most difficult DUI cases.
His law firm is known to be the place where celebrities, politicians, judges, other attorneys, doctors, and people who make their living as CDL truck drivers call upon Mr. Head and his partners to help you avoid damaging DUI charges.
Georgia DUI attorneys across the State know him, attend his seminar lectures, and call upon him for advice in tough DUI cases.
Indeed, his expertise on the topic of trial law is so extensive that other DUI Atlanta attorneys (and across Georgia) often turn to Bubba for his assistance on how to handle difficult criminal cases, especially cases involving a roadside test revealing alcohol or drugs, or for drivers stopped by police at DUI checkpoints.
While DUI cases are America’s most commonly litigated criminal cases, Mr. Head has also litigated:
DUI Attorney Atlanta William C. (Bubba) Head has been a National DUI Defense Practice Leader for Decades – and a Georgia DUI Lawyer for 40 years.
Not Guilty Verdict Obtained for 1st Offense
Fulton County State Court jury returned a not-guilty verdict for first offense DUI case where a prior case witness testified at trial in the court of law.
Reduced .247 Breath Testing DUI/DWI Charge to Reckless Driving
Based on evidence discovered during the case, we were able to reduce a .247 DUI/DWI (3 times the DUI alcohol limit) breath test result to reckless driving.
3rd Offense DUI Reduced to Charge of Reckless Driving
A 3rd DUI offense where the Breathalyzer results were successful challenged (and excluded), ending with a reduced charge of reckless driving.
Jury Trial of a DUI Arrest of a Teacher
A jury trial of a DUI arrest of a teacher for "failure to maintain lane" and a DUI test of breath at .244/.249 - NOT GUILTY on All Charges!
Read Atlanta DUI Lawyer William C. Head's response to a November 19, 2016 Columbus (GA) Ledger-Enquirer article about the GSP Nighthawks DUI Task Force:
I have also been practicing DUI defense law for over 40 years, and certainly do not think that ANY law enforcement officer is free from mistakes, when it comes to making DUI arrests. This is partly due to the fact that the Government has sponsored training for them to TEACH false science, and has thereby brainwashed them into believing Government-backed, unreliable, "cooked" statistics. Next, for adults age 21 and over, drinking and driving is NOT illegal, unless the person behind the wheel has consumed too much.
DUI is the ONLY "crime of degree" in America, and an initial arrest by any police officer is always based upon his or her "opinion" about that driver's alleged intoxication --- from alcohol or drugs, or similar impairing substances. That "opinion" is correct sometimes, and it is wrong sometimes. The GSP Nighthawks are better trained than most other police officers, but the field sobriety tests are NOT scientific, and are almost never performed correctly.
By the way, these roadside tests --- all of them, including the hand-held breath alcohol screening device --- are 100% OPTIONAL and VOLUNTARY, so you should NEVER attempt them. Give only your name and address and then remain silent. Answer no more questions without your attorney present. When they are attempted, the government's own study in 1977 (for people whose median age was in their 20s) showed a "false positive" rate (meaning that these people were arrested, but whose breath tests proved that they were under the legal limit) was 46%. In a recent Britsih study, their conclusion is that these types of physical tests cannot be perfomed at any better than 50-50 odds, when the person is age 40 or older. See SFST.us and "Beating the Georgia Field Sobriety Tests."
Additionally, the Georgia implied consent law, in MANY instances, is unconstitutional. When police arrest a person for DUI-alcohol, or DUI-drugs, that initial arrest is for being "less safe" to drive, by the officer's opinion of alleged "impairment." The officer then reads a pre-printed CARD to you (called the implied consent notice), and it is asking that you AGREE to take their breath alcohol test to see if you exceed the legal limit, or a blood test for some type of drugs (e.g., marijuana, Xanax, ADHD medicine, Benadryl, etc.) This oral notice, given to you after your DUI arrest, is unconsitutional, as applied to many DUI arrests in Georgia.
Our DUI law firm in Atlanta ONLY handles cases for people in Georgia who want to FIGHT. Our success rate, for all three partners, in about 600 DUI cases annually, approaches 90%. By winning, I mean that the clients do NOT have a DUI on their criminal history. Baeting a DUI, that may be based on false science, takes a dedicated criminal defense attorney who is fully trained in all aspects of DUI breathalyzer and field sobriety test protocols. To have a legitimate chance to win a contested DUI case in Georgia, you cannot just ASSUME that NO DOUBT of guilt exists. You cannot win by putting on a set of knee pads and going into a courtroom to plead your trusting client GUILTY!
So, I respectfully but firmly disagree with Mr. Dodelin on the characterization that the GSP Nighthawks are "mistake-free." I hope that he will send us the clients that he sees that MUST win their DUI arest cases in order to protect their careers, their families, and their right to drive. After all, our laws require PROOF beyond a reasonable doubt, and are not based upon "presumed guilty."
To read the full article, go to http://www.ledger-enquirer.com/news/local/news-columns-blogs/chuck-williams/article115933413.html
In 2003, at Cambridge, Massachusetts, Atlanta DUI attorney Bubba Head was named by NCDD Dean Gary Trichter (on behalf of the 600+ members of NCDD.com) as “The Nation’s Leading DUI Defense Attorney.” This is the only time NCDD conducted such a poll of its membership, which now exceeds 2,000 members.
Mr. Head is regularly seen on the nightly news, and has defended dozens of high-profile criminal cases for entertainers, government officials, TV personalities, police officers, judges, and sports figures. In 2015, Georgia Trend Magazine again named DUI lawyer Atlanta Bubba Head to its “Legal Elite” list of the top drunk driving lawyers in Georgia.
Mr. Head attended The University of Georgia beginning in 1969. He graduated (with honors) as a History major in 1973. He then went directly into UGA’s prestigious School of Law. Three years later, he earned his law degree from UGA in 1976. Less than a week later (having already taken and passed the February 1976 Georgia Bar), he applied for and was admitted to the State Bar of Georgia on June 10, 1976.
After starting his practice in Athens, GA, Mr. Head moved his law office to metro Atlanta in 1990 to become a DUI attorney Atlanta. He has been an attorney in Atlanta since 1990. His first book on beating a DUI, 101 Ways to AVOID a Drunk Driving Conviction, was published in January of 1991.
Today, the name “Bubba Head” has become synonymous with litigation excellence among his DUI attorney peers across the nation, in the field of drunk driving defense and driving law issues. Mr. Head is especially well-known to lawyers in Atlanta, GA who engage in trial work, because he is in criminal courts all over Georgia every single week.
William C. Head, P.C. is a well-established criminal defense attorney and DUI specialist in Georgia. Mr. Head is an active member of several highly-regarded legal organizations that deal with trial practice (civil and criminal), and with the science of criminal law cases from a criminal defense perspective, including:
Mr. Head also maintains memberships in several local metro area Bar associations, including Atlanta Bar Association and Cobb County Bar Association. Mr. Head's law firm has a satellite office for Marietta GA DUI cases and other Cobb County State Court cases.
Mr. Head began teaching at legal seminars in 1978. His first major efforts to train Georgia DUI attorneys started in 1992 for the Georgia Institute of Continuing Legal Education, a non-profit statewide group from Athens, GA. Mr. Head invited other criminal attorneys across America to help start the National College for DUI Defense (NCDD.com).
In 1995, the NCDD was founded by the twelve Regents and 100 Founding Members. Mr. Head succeeded in organizing the initial DUI law training organization on the campus of Harvard Law School, and was one of the twelve founding NCDD Regents. The NCDD is now the preeminent training association for DUI lawyers throughout the nation.
Mr. Head served as one of the Regents of NCDD. Since its creation in 1995, he has served as Regent of the College on two separate occasions, covering a total of six years. He is also Board Certified in the field of DUI Defense by NCDD.com, a qualification held by less than 3/10th of 1% of all DUI attorneys in the organization.
In 2014, Mr. Head also became a Charter Member of DUIDLA, another national DUI defense attorney organization that promotes drunk driving law training for both criminal defense attorneys and DUI-DWI public defenders.
Since the group's inception, he has served as a Trustee on the non-profit Board of DUIDLA to help oversee legal training for public defenders and other appointed counsel who represent citizens in all 50 states who cannot pay for their legal representation.
This criminal defense attorney training organization now boasts over 700 members, and produces multiple annual training sessions for DUI lawyers about drugs, alcohol, laboratory training, and criminal trial practice.
Atlanta DUI attorney Bubba Head has written numerous books on the topic of driving under the influence law and criminal trial practice, and has contributed to several other books on DUI practice area guides. He is the co-author of The Georgia DUI Defense Trial Practice Manual, 101 Ways to Avoid a Drunk Driving Conviction, and author of the 430-page The DUI Book, which was written for the average citizen who has been accused of driving under the influence.
The DUI Book has proven so popular that Mr. Head has been asked by other attorneys to co-author state-specific editions, and has helped edit and co-author similar books in NY, CA, FL, MI, TN, NJ, VA, and WA. He is currently finishing 202 Ways to Avoid a Drunk Driving Conviction, which will be published in 2016.
In addition to being Board-Certified in DUI Defense and a book author for numerous treatises on drunk driving laws, Mr. Head has also been named to several highly-regarded attorney rating lists, including:
He also has been one of the top-rated criminal defense lawyers on AVVO.com, and has well over 130 client ratings AND over 130 attorney recommendations of his skills as a DUI lawyer, as posted on AVVO.com. Bubba Head is a highly-regarded Georgia driving under the influence lawyer. When lawyers in Atlanta have a client or relative who calls to say he or she got a DUI in Atlanta, the attorney most commonly called is Bubba Head.
The Georgia State Patrol Nighthawks, who have been the DUI Atlanta workhorses on drunk driving arrests in Atlanta for the last decade, have utilized secondary roads coming from the Buckhead area as a way of “mopping up” late at night, once Atlanta traffic has slowed down. Mr. Head has argued cases in the Georgia Supreme Court on DUI checkpoints, and in the Georgia Court of Appeals.
A high percentage of the sobriety checkpoints in Atlanta are made within a 1-mile radius of where Roswell Road splits off northbound Peachtree Road in Buckhead, and the very restricted (and confusing) intersection - that prevents right turns on red and any left turns - where West Paces Ferry and East Paces Ferry cross Peachtree Road. If you were stopped at ANY DUI checkpoints in GA, call Mr. Head for a free professional assessment of your options for winning your case.
The secondary streets nearby such as Pharr Road, Buckhead Avenue, East Andrews Drive, and Peachtree Avenue, especially going eastbound toward Piedmont Road, are great locations for a DUI checkpoint by the GSP Nighthawks. These police roadblocks are often set up and used after midnight, to come in contact with drivers who are going home after a night of drinking, as they approach a checkpoint with multiple police cars deployed.
DUI lawyers in Atlanta who have fought roadblock cases for several decades recall Sidney Marcus being a hotbed of checkpoint activity when the Atlanta DUI Task Force was operational in the 1990s and 2000s. This part of the City of Atlanta is where most Atlanta Municipal Court cases for driving under the influence originate.
Sobriety checkpoints are set up by the GSP and local officers in all parts of the State of Georgia. In the summertime, recreational lake areas and the traffic leaving those locations are where a police checkpoint is often encountered.
In addition to a reputation for fighting checkpoint cases, Atlanta DUI Lawyer Bubba Head has been featured in televised news reports since the mid-1990s, as being the Georgia DUI attorney responsible for the trend of winning DUI cases based upon flawed language in the Georgia implied consent law printed warning.
Mr. Head has over a dozen winning appeals on cases involving Georgia implied consent law challenges. Two decades later, he and his DUI law firm are known as legal experts on every aspect of driving law in the State of Georgia.
Top 15 Questions About Georgia Driving Under the Influence Cases
1. What are the penalties for driving under the influence?
Depending on whether the conviction is both a misdemeanor and a first offense, a second offense, or a felony DUI, Georgia impaired driving laws have minimum mandatory penalties. This GA DUI driving law link explains, in detail, those statutory minimums on both the criminal consequences of a misdemeanor DUI, and the driver's license suspension implications.
Only 5% of all cases in Georgia are DUI felony cases. Most importantly, a driving under the influence conviction in Georgia will NEVER "age off" your criminal record. Georgia laws have no first offender provisions and no expungement - ever! This is why our Georgia DUI lawyers travel statewide to help accused citizens who face drunk driving charges.
2. What is the DUI license suspension penalty for refusal to take the breath test or blood test?
In Georgia, a person charged with "refusal" to submit to implied consent testing risks total loss of their driver's license for a full year. Typically, a one-year loss of driving privileges is the penalty for refusing the DUI test (implied consent test). By winning the criminal charge or getting the DUI reduced to reckless driving, we often shorten this license year suspension.
In Georgia, the refusal "suspension" does not allow for a "work" or limited permit, for an administrative license suspension refusal. Fortunately, our law firm is successful in the overwhelming majority of our cases, and we AVOID a TOTAL LOSS of driving privileges at their DUI administrative license suspension hearing for our clients.
3. What is the Georgia Implied Consent Law?
The Georgia Implied Consent Law started out as legal fiction when it was enacted over half a century ago. This driving law states that anyone who drives on Georgia's roads - by doing so - implicitly gave his or her permission for police to test their blood alcohol or breath alcohol content, if he or she is suspected of drunk driving. Any failure to submit to an implied consent breath test or blood test after a lawful arrest can cost you the right to drive.
Additionally, if you are over the legal “drunk” limit, based upon the DUI breath alcohol test, you may also suffer a DUI license year suspension. The current Georgia implied consent laws and related GA driving under the influence laws cover both DUI alcohol AND driving under the influence of drugs.
In 2017, the Georgia Legislature will consider changes to the implied consent law in Georgia. This is a result of a recent decision (June 23, 2016) handed down by the United States Supreme Court. The new case of Birchfield v. North Dakota has altered established Georgia law, as interpreted by case decisions in Georgia, to now mandate a driver taking a breath test following a DUI arrest or be subject to an officer applying for a judicial search warrant to obtain blood.
4. What is the ALS 10 day letter?
Like the DUI-DWI laws in most other states, when you are arrested in Georgia, your driver's license is confiscated by the arresting officer, and you receive a sheet of paper that acts as a temporary driving permit. You MUST file an administrative license appeal within 10 business days to avoid an administrative license suspension (ALS) and save your ability to drive. We can assist you with proper and timely filing of this license suspension appeal. Call our Atlanta DUI law office immediately to protect your legal rights and your ability to drive, while your DUI in Georgia is pending.
5. Will I need to install an ignition interlock device if I am convicted of impaired driving?
An ignition interlock device (IID) is a court-ordered sanction that is part of the driver's license reinstatement law pertaining to drunk driving repeat offenders, or possibly a condition that is part of your criminal case sentencing.
So far, Georgia has not passed a mandatory "interlock" on a first offense DUI, like Tennessee. A new law has been passed to take effect July 1, 2017, for which a driver who has refused, can install an interlock to avoid the DUI license suspension.
So, if you are a DUI second offense or third offense DUI offender within a 5-year timeframe (from last date of arrest to next date of arrest), an ignition interlock device will be required if you are convicted of the new driving while intoxicated charge, in the event you are seeking an early reinstatement of your right to drive in Georgia.
6. Will my driver's license be suspended for a Georgia conviction?
YES. If any drunk driving or drugged driving conviction is reported to the Georgia DDS by the Clerk of Court where your criminal case is pending, your driving privileges will be SUSPENDED IMMEDIATELY. A driver licensed in Georgia who has a first offense DUI-alcohol can get an immediate limited driving permit, assuming that the convicted DUI driver did not lose his or her administrative license suspension (ALS) hearing, based on a refusal of the implied consent testing.
However, a person convicted of any drug offense, including a 1st offense DUI, based on any type of drugs, will lose all driving privileges for at least 6 months. This is why a DUI drugs case in Georgia requires specially trained DUI expert witnesses and a top-rated Georgia DUI attorney.
7. How many alcoholic drinks does it take to be "over the legal limit" in GA?
Because the answer depends on the type of alcoholic beverage consumed, and how many ounces constitute a "standard" drink, more information must be known to determine if the person was driving under the influence (DUI per se).
This question is best answered by use of a blood alcohol calculator that takes into account your food intake before drinking, your gender, your body weight, height, and the number and type of alcoholic drinks you consumed. Multiple variables and individual facts will have a bearing on the final driving under the influence alcohol DUI test reading.
8. If suspected of impaired driving, do I have to take a field sobriety test?
NO. Never take ANY field sobriety tests! Unlike an IQ, SAT, or ACT test, these field sobriety test exercises are not really "tests," and they are not based upon true scientific principles.
Most critical to any sobriety test being reliable is that:
a) Norms have been established first. This was not done in the government-sponsored studies in 1977 or 1981 in California.
(b) That all extraneous variables be controlled (e.g., orthopedic issues, prescription medications, distractions, weight, and age). Once again, the field sobriety tests were never standardized based on the age and agility of certain young people.
c) That high correlation of results must be repeatable, and this applies whether the same officer does testing, or different officers administer the "standard field sobriety tests" to a DUI suspect. This was an abject failure in 1977, with a 47% false positive result, on drivers who were under the legal limit but were still arrested.
No penalty for declining a field sobriety test will occur!
It is your RIGHT TO REFUSE all sobriety tests. In a nutshell, sobriety testing is a "rigged" game wherein a police officer has you attempt 3 standardized field sobriety tests (HGN eye test, walk and turn, one leg stand), and then GUESSES whether he or she thinks that you are intoxicated. Even when the officer botches the field sobriety test demonstration or instructions, you likely STILL will have to fight this false sobriety test evidence at trial.
Georgia case law from our appellate courts bends over backwards to let this “junk science” be heard by a jury. If your DUI lawyer is not using a DUI expert witness for this aspect of the trial, you will likely lose your DUI trial. Every roadside sobriety test is the same: non-scientific and not reliable!
9. Do I have to take the Georgia breathalyzer test?
People confuse the pre-arrest, handheld, portable breath alcohol test with Georgia's OFFICIAL breathalyzer (Intoxilyzer 9000). Mr. Head recommends taking ONLY the OFFICIAL DUI test after your arrest for driving under the influence of alcohol or drugs. Then you should demand an independent blood alcohol test at a location and provider that you choose. This independent test can be performed in a nearby county.
Mr. Head recommends NOT taking the roadside, preliminary alcohol breath test, because it is your RIGHT to refuse a portable breath tester, since it is 100% optional and voluntary. In Georgia, these battery-powered alcometers do not have to be regularly inspected, like the Intoxilyzer 9000 device. Additionally, the portable breath alcohol testers in Georgia do not print out the breath alcohol results, so that an evidential test number can be challenged.
10. Will I have to go to jail after I am arrested in GA?
In Georgia, YES, you will be taken to jail in ALL driving while intoxicated cases. A few exceptions exist for DUI accidents where the accused drunken driver is hospitalized, and blood is collected at a hospital and then sent to the GBI. So, posting a quick bail bond and being released from jail is very important.
DO NOT talk to other inmates at the jail! Anything you say can be used against you in court. Once released from jail, immediately write down all details of the 24 hours prior to your intoxicated driving arrest while this information is fresh on your mind. Once you get home, call our law office at 1-888-384-4323 for a FREE consultation, and afterwards get Mr. Head's FREE book on DUI laws and a FREE DVD that explains all of your legal rights.
IMPORTANT: Ask us about helping you avoid a driver’s license suspension due to the administrative license suspension (ALS) hearing that is triggered in almost every drunk driving arrest in GA. You only have 10 business days to file an appeal.
11. Can my Georgia charges for driving while impaired be reduced or dismissed?
The answer to this question is, "It depends." Most driving under the influence arrests in GA have several potential defenses that can help you win your criminal case. The key steps that any good DUI attorney will take include:
The most important step is to hire a skilled and experienced Georgia driving under the influence attorney to fully investigate all aspects of your criminal charges. Like hiring a skilled surgeon, with years of operating room time under his or her belt, expect to pay more for the best Georgia DUI attorneys because of limited supply and high demand for the most skilled and successful drunk driving lawyers.
12. How do I get my DUI reduced to reckless driving (or other lesser offense)?
The answer here is simple: Hire a top drunk driving attorney and trust him or her to find a non-DUI resolution to your criminal case. Like trying to fly a commercial jet, defending a criminal case in court is not what the average citizen is trained to do. You need to shift the burden of your drunk driving arrest to the shoulders of your criminal defense attorney, and get back to your NORMAL life.
All of our superb-rated lawyers give a FREE case consultation. Once you hire your criminal lawyer, treat this hiring decision in the same manner as you would when hiring a top surgeon.
13. I was stopped at a DUI checkpoint in Georgia. Are police checkpoints legal?
Georgia is one of 38 states that allows the use of DUI checkpoint locations, as long as all “rules” are followed by the police. This means that if no errant driving or other traffic offense was observed to authorize a police pullover, checkpoints in Georgia are NOT legal, unless all prerequisites of the Fourth Amendment of the United States Constitution and the Georgia Constitution are met.
The government (i.e., the prosecution) must carry the burden of proof that all DUI checkpoint guidelines and “purposes” have been properly and meticulously followed. So, the legality of DUI checkpoints depends on the evidence in each DUI arrest.
A pre-trial motion targeted to asking a judge to rule that DUI checkpoints are unconstitutional, filed by your Georgia criminal defense attorney, can end the driving under the influence prosecution if your attorney can prove that police errors were made at a safety check or sobriety checkpoint.
Your criminal attorney will file this motion at or after your first court date, known as an arraignment. The most likely places to encounter a Georgia sobriety checkpoint is in Atlanta (due to all the sporting events and “entertainment” locations), plus other statewide checkpoint locations during special seasons (e.g., Oktoberfest in Helen, GA), any UGA football home game, or during holidays (July 4th, Memorial Day Weekend, Labor Day, or Thanksgiving).
14. How much does a DUI cost?
This is a nebulous and poorly thought out question. If you ask someone, “How much does a professional baseball player earn each year?”, no "one-size-fits-all” answer is possible. A player's major league experience and prior stellar performance will command top dollar, while an unproven rookie may get the league minimum.
This question is also tricky to answer, because you may be asking about car insurance rate increases in Georgia, or the total financial cost of being convicted of driving under the influence. Or you may only be inquiring about DUI attorney legal fees. The starting point for any “cost of a DUI” analysis is to realize that most attorneys who handle drunk driving cases never go all the way to trial, and simply make their income from entering guilty pleas, where a reduction of the DUI is not offered by the Prosecutor.
A conviction for drunk driving in Georgia will cost you money for the rest of your life, so a total dollar amount cannot be estimated at the time of a plea or conviction. As far as "How much does a DUI attorney cost?", the answer about lawyer fees will depend on his or her years of experience, case success rate, and whether your defense lawyer has to fight your case ALL THE WAY through trial - and then a possible appeal - if you are found guilty. The baseball player analogy also applies to professional DUI attorneys. Supply and demand for the best in the profession will cost more money.
Going to most trials for a DUI involves expert witness costs and court reporter costs. Plus, any veteran criminal defense attorney will have a trial fee for this extra time at court, on your behalf. For almost every criminal attorney who handles appeals, a separate appellate fee will be required, if an appeal is taken.
So, these categories of potential cost of a DUI need to be discussed. If your DUI lawyer is not a top player, don’t pay him or her a top legal fee.
15. Is there a difference between DUI and DWI?
Either acronym means "drunk driving" or "impaired driving." Georgia case law (written by appellate judges) uses both DWI and DUI, but "DUI" is the usual acronym in GA and most other states. DUI stands for "driving under the influence." DWI stands for "driving while intoxicated," or "driving while impaired."
A conviction for intoxicated driving or DUI drugs is a heavy burden on your financial future and most selected career paths.
Potential employers likely will choose a candidate with a clean record, if two similarly-qualified applicants have applied for an open position.
Prospective employers know that a person with a drinking and driving conviction may pose a higher insurance risk. This knowledge of the applicant's criminal history can play into a future accident case for an employee driving for a business purpose, and being drunk again.
In 2012, Best Lawyers in America published a profile of Bubba Head and featured him as the “Georgia DUI Lawyer of the Year." This organization is the most selective and inclusive of all the peer-reviewed lawyer rating sites. A small percentage of DWI-DUI lawyers (less than 1% of all criminal attorneys in America) are selected to this lawyer rating service list. Even fewer are named “Attorney of the Year.”
Mr. Head is known nationwide for furthering the legal knowledge and trial practice education of other DUI attorneys. In 1994 -1995, he orchestrated the start of NCDD.com to create a unique, intensive criminal trial practice training session for DUI lawyers from across America. This annual program is conducted each July at Harvard University’s Law School campus. Multiple other attorney training programs across the United States have been added over the last two decades.
Attorneys from as far away as Canada have traveled to Georgia to be trained by Bubba Head.
In 1997, through the GACDL (Georgia Association of Criminal Defense Lawyers), Mr. Head created a “DUI Boot Camp” for Georgia public defenders. This multi-day seminar, focused on drunk driving defense, benefits public defenders, court-appointed legal counsel, and pro bono attorneys who step up to assist accused citizens who face DUI charges. The GACDL later called this seminar the “Bubba Head Boot Camp.”
The March 2017 program is being co-hosted by Atlanta DUI attorney Bubba Head, and many criminal defense attorneys from across Georgia will attend, including at least two dozen lawyers in Atlanta, GA who are direct competitors of Mr. Head’s Atlanta law firm.
To be a successful drunk driving lawyer, it is mandatory to know the ins and outs of breath testing, police evidence, and fighting field sobriety test evidence. Only those criminal lawyers who master all scientific topics relating to the DUI test have consistent records for winning at trial. Plus, the REPUTATION of a lawyer for winning is what convinces many prosecutors to reduce a case to a lesser offense. First, let’s talk about Bubba Head’s breath test device knowledge.
Mr. Head was not only certified in 1996 to operate the Intoxilyzer 5000, but he also owns two breath test machines. In 1993, he purchased twenty-seven (27) Intoximeter 3000 machines, plus several wet bath simulators (the tool used to check calibration on a breath machine) from Duke Power Company. The State of Georgia was using the same device at the time. Mr. Head re-sold those testing machines to lawyers as far away as Alaska, to help other drunk driving lawyers win their criminal cases by using these devices in court to demonstrate their shortcomings.
When Mr. Head was called by a long-time friend to assist with a felony OWI case in Michigan, the DUI specialist from Atlanta first attended and completed factory breath alcohol test instrument training in Mansfield, Ohio (where the manufacturer was located) on the BAC Datamaster device. This level of trial preparation was necessary to fight this brand of breath test machine in a Michigan court.
He has also taken breathalyzer training on the Intoxilyzer 8000 from Mississippi DUI lawyer Vic Carmody, as well as on the new Intoxilyzer 9000 used in Georgia, which is now the exclusive forensic breath alcohol test machine in Georgia since January 1, 2016.
Mr. Head sponsored two 4-day breathalyzer training courses on the Intoxilyzer 5000 in Atlanta. The first was in October of 1996 at the Emory University Conference Center, and the second was in 2004 at the Old Swissotel in Buckhead. During each course, breath test experts from across the USA and other countries taught sessions on the analytical faults, known limitations to detect interferants, and weaknesses of the most widely-sold Intoxilyzer breath testing device.
These alcohol breath test training courses spawned other similar training courses across the U.S., including in Mississippi, South Carolina, and in other states – and on other brands of breathalyzer devices. As mentioned above, Mr. Head has also completed factory training on the BAC Datamaster device currently used in South Carolina, Michigan, and in many other states.
He successfully kept out DUI breath test results on an Intoximeter EC-IR II breath alcohol test in San Diego, CA by making a successful source code challenge. All related charges were entirely dismissed once Georgia DUI attorney Bubba Head was able to have the breath test results eliminated from the case.
Because the typical motorist stopped for driving under the influence INCORRECTLY believes that he or she must take field sobriety tests, almost all arrest scenarios (for drunk driving) involve a police officer obtaining “evidence” from these roadside tests. Knowing this, Mr. Head sought to obtain standardized field sobriety test training – just like the police – on the proper way to administer the tests. He did this in July of 1994.
Only by becoming an expert in field sobriety tests can Mr. Head win drunk driving cases, when other lawyers do not even know what questions about sobriety tests to ask the police officer.
Plus, Mr. Head almost always has his clients hire a DUI expert witness in NHTSA field sobriety test protocols, when a legal issue can cause the horizontal gaze nystagmus or “HGN Test” (eye test) to be eliminated from evidence in the case.
Mr. Head has completed the NHTSA-based training as a Practitioner (student) and as a Field Sobriety Test instructor. His first training course was in Atlanta, GA in 1994. To help other Atlanta lawyers and DUI attorneys from across Georgia learn the same information, Mr. Head sponsored and organized the course. Florida ex-cop Rick Swope taught this course along with two other field sobriety test instructors.
Mr. Head has also organized numerous NHTSA Field Sobriety Test training courses. The instruction taught in these courses is the same as what law enforcement agents learn during their basic training.
Later, Mr. Head attended and completed two separate IACP-based training courses called the "DRE Overview," in which he learned how to fight drug recognition evidence by the so-called “DRE” officers.
Over the last two decades, Bubba Head has taken or taught over a dozen standardized field sobriety test courses, for both practitioners and instructors. The 1994 course in Atlanta was the first in America, and in the world, for DUI defense lawyers.
Today, Bubba Head is a recurring presenter to DUI lawyers across the nation on the subject of how to neutralize field sobriety test evidence, and how to convince a jury that field sobriety tests are mere “junk science.” On an even more regular basis, he teaches Georgia police officers about this fallacy, as he obtains acquittals for citizens facing a drunk driving or drugged driving charge in Georgia.
Atlanta Magazine wrote a cover story on Bubba Head in their March 2001 edition. He was named “Atlanta’s Best DUI Lawyer” after the magazine conducted a survey of Georgia attorneys familiar with criminal law and DUI defense. This Georgia award for best DUI lawyer was followed in 2003 by the NCDD.com recognition (described fully above) by the full membership of DUI lawyers from across the United States, as the “Best DUI Attorney in America.”
In news stories about celebrity DUI arrests on Channel 2 Atlanta and Channel 5 Atlanta, Bubba was described as “famed DUI lawyer” and the “Best DUI Lawyer in Georgia.”
Mr. Head was recently featured in the cover story of Attorney at Law Magazine published in March 2016. Plus, he was asked by ICLE Georgia (the State’s non-profit CLE provider) in January of 2015 on the topic of “Professionalism," which has been attended by lawyers in Atlanta, GA and also recorded for later playback by ICLE. Over 200 Georgia attorneys signed up for this CLE program.
For nearly a quarter of a century, Mr. Head has been rated by legal industry services organizations as having the highest ethical standards and highest practice skill level by Martindale-Hubbell. This organization is America’s oldest rating service, and is over 100 years old. He has also been named to Martindale-Hubbell’s Bar Registry of Pre-Eminent Attorneys for over two decades, as well as receiving other legal practice accolades. Few lawyers have consistently achieved such pinnacle recognition for a time period in excess of two decades.
Mr. Head gives back to the community by volunteering with Children’s Healthcare of Atlanta – Children’s Cancer Unit. Mr. Head also was on the initial Board of Directors for the Georgia Innocence Project for over 5 years, and still sponsors the non-profit organization’s website. This organization successfully reviewed the cases of thousands of imprisoned Georgia inmates, and helped secure the release of six innocent men from wrongful convictions.
Beginning in 1998, William C. Head organized a blood and urine training course for himself and other DUI lawyers to attend. This was taught at Lake Tahoe, CA by Dr. Richard Jensen, Bob Zettl, and Ann Manley. Following this multi-day forensic laboratory training course, Mr. Head traveled to Memphis, TN to the State of Tennessee’s crime laboratory. At this location, Mr. Head was the guest of Dr. David Stafford, who helped teach Mr. Head about laboratory instruments, and how drugs and alcohol are analyzed and quantified.
If you have been recently charged ANYWHERE IN GEORGIA with a criminal offense, including drunk driving, contact our Atlanta DUI office today for a FREE consultation, and get quality legal representation by Mr. Head or one of his partners. If you are looking at lawyer reviews for attorneys in Atlanta GA, take the time to dig deeper into the attorney ratings for William C. Head and his law partners.
Call our 24-hour law firm anytime day or night at 404-567-5515 or 1-888-384-4323 (1-888-DUI-HEAD). The call is FREE. The consultation is FREE. Why not hire the best Atlanta DUI lawyer available?William C. Head, PC 5 Concourse Pkwy #2340, Atlanta, GA 30328 (404) 567-5515
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