How to Beat a DUI in Georgia: Top 11 Ways to Win a DUI

By: Cory Yager, Ex-Police Officer Turned DUI Lawyer Atlanta, and Partner in the Law Firm

Drunken driving is the single crime that is most likely to be charged against law-abiding citizens. Why is that?

Because it is America’s ONLY “crime of degree.” This statement means that adults 21 and older can drink and drive. However, if they drink too much, they commit a crime in Georgia.

Adults can drink some alcohol or take certain medications and still drive legally. However, at some point, their blood alcohol level rises to an “illegal” level. Your blood alcohol level is now “over the legal limit.”

When drivers in Georgia get arrested for a DUI, they often learn about the consequences. For a first offense, jail time is common under Georgia DUI laws. This is when they start to look for top-rated DUI lawyers in GA to help fight a DUI charge.

In this article, discover the top 11 ways to beat a DUI in Georgia. These tips come from our drunk driving defense attorneys. Knowing your legal rights can help you fight your DUI case and avoid a conviction for driving under the influence.

Learn from Atlanta DUI lawyer Bubba Head.

Most are not concerned with performing community service hours or attending DUI school.

Georgia statutes excused those first DUI offenders (within the last 10 years, based on dates of arrest) who had a refusal to submit (to implied consent testing after their DUI arrest)

. Also, those people who summitted to breath or blood testing and took the post-arrest test and were under the legal limit of 0.08 grams percent, are not mandated to serve some jail time.

This odd phrase (crime of degree) explains DUI help for those who need it below. For no other crime, like embezzlement, rape, or domestic violence, can you “do it a little” and avoid prosecution.

Drunk driving is a serious crime. Adults can drink alcohol or use drugs in moderation. They can then legally drive.

This article also answers the ubiquitous question, “Can You Beat a DUI charge? The answer is YES if the right DUI lawyers are looking into every part of your case. They can find ways to beat a DUI less safe case or a DUI per se case.

If you cannot afford a private attorney, like our DUI law firm, you should try to get a public defender. They can do more than many low-cost DUI lawyers.

How to Get a DUI Dismissed: 11 Ways to Win Your DUI Case

Do NOT incriminate yourself by talking or by attempting to perform ANY roadside, optional field sobriety tests.

1. First and Foremost, BE QUIET. Do not talk to police beyond what the LAW REQUIRES, which is your NAME and your ADDRESS.

Talking and answering questions can lower your chances of winning a DUI less safe case in Georgia. This applies to cases of driving while intoxicated from alcohol or drugs. Your impaired driving lawyer may be able to find a legal problem with the collection of your blood test or breath test, but your outrageous behavior and other circumstantial evidence of belligerence can convict you.

Do not yell at the officer or “act out,” claiming no reasonable suspicion to pull you over. Remain calm and SILENT. Most DUI arrests have body cameras, police vehicle cameras, or both. This means there is usually evidence of everything, both good and bad.

The U.S. Supreme Court has stated that the only information needed is your name and address. This information should be on your driver’s license.

The main idea for beating a DUI in Georgia is to NOT give the police any evidence. This means avoiding self-incriminating words or actions.

Remain silent. DO NOTHING. Do NOT talk or ask questions.

The only thing required from you to disclose to an officer at traffic stops is your correct name and current address. The officer investigating a DUI arrest will almost certainly use anything you give as evidence against you.

For example, the officer may ask if you take any prescription drugs. DO NOT ANSWER. Remain silent.

If you admit to using prescribed drugs or over-the-counter products like Benadryl, the officer may arrest you. They can also write DUI charges and ask for a blood test. The most damaging information in most DUI cases is what comes out of a client’s mouth. If you want to beat a DUI, you need to remain SILENT.

2. Every Field Sobriety Test Is Voluntary and Optional – Just Say NO

Rule Number 2 to beat a DUI is NOT to take or attempt ANY roadside exercises, evaluations, or verbal tests. All evaluations, exercises, or tests are 100 percent optional. Don’t do ANY “sobriety screening” on the roadway.

Be ready when the situation comes up. Know what to do if you are pressured to take field sobriety tests. These tests include the “eye test” (HGN test), the one-leg stand, the alphabet test, and the walk-the-line test. Any attempts to do these roadside exercises will be key evidence for prosecutors in a Georgia DUI case.

In Georgia, every roadside exercise or so-called “field sobriety test” is both voluntary and unscientific. No good DUI lawyer will ever tell a client to do roadside tests from a police officer. These tests often lead to innocent people being wrongly convicted of drunk driving.

These NHTSA (National Highway Traffic Safety Administration) roadside evaluations are 100% OPTIONAL. Do not let the officer test your EYES, or have you repeat letters in the alphabet, walk a straight line or do the one-leg stand. Even the pre-arrest, handheld breathalyzer is OPTIONAL. Don’t take any tests (before you are cuffed) or do or say anything.

As stated above, the DUI less safe case rises or falls on these OPTIONAL evaluations. This misleading description uses the word “tests.” The NHTSA standardized field sobriety tests are not reliable tests of sobriety.

Clients that retain a member of our DUI law firm and who adhere to Steps 1 and 2 have a favorable outcome on their DUI first offense, with one of our Georgia DUI lawyers managing their court cases.

3. n a Georgia DUI, do not blow into the Portable Breathalyzer by the Roadway!

The third way to beat a DUI in Georgia is to never take a roadside breathalyzer test. This test is a portable device used by police.

In Georgia, the results from the hand-held breath test machine are NOT an “approved” forensic device. Also, there is no “waiting period.” A person might have had their last drink just minutes after driving from the bar.

For these purposes, “forensic” means “admissible in a court of law.” In a DUI trial in Georgia, the court cannot use the number from a preliminary breathalyzer as evidence. However, a police officer can say that the result was “positive” for alcohol. Too often, jurors hear this phrase and are quick to think the worst.

If you want to win your DUI case, don’t take this voluntary breath test. This test is unclear and could be harmful.

You can choose not to blow into the portable breathalyzer. Remember, it is a voluntary alcohol screening test. Say “NO,” but do it politely.

4. Do not Resist Arrest for a DUI in Georgia

If you are arrested for a DUI in Georgia, do not resist the officer who is cuffing you. Also, do not argue or plead for a “break.” Remember to SHUT UP!

Even celebrities who resist arrest get their asses beat by police — ask Randy Travis!

Once arrested, and before any implied consent notice is read to you, politely assert your right to an attorney. Resisting a law enforcement officer can lead to another charge. This charge can be for obstruction of an officer.

It can be a misdemeanor if there is no physical contact. It can be a felony if there is physical contact. Examples of physical contact include hitting, biting, kicking, head-butting, or spitting. Calm, polite, and responsive detainees are usually perceived NOT to be impaired without more proof.

5. You Have No Privacy in a Police Car in the Peach State

NEVER assume that you have privacy inside a police car. Modern police cars often record audio and video. This is especially true for cars used in DUI-DWI arrests. The recordings are focused on you.

Do NOT talk on your cell phone about your case. This includes talking to your DUI lawyer.

The appellate courts say you have no privacy in the back seat of a police car. Authorities can use any recorded audio and video against you. This often decides if you win or lose.

SHUT UP! Remain calm.

6. Why You May Want to Take the Officer’s GA Implied Consent Breath Alcohol Test

Do not mix up your duty to take the “implied consent” breath test after your arrest. In special cases, you may need to take a blood test. This happens only if drugs are suspected or if you refuse the breath test.

This post-arrest test is NOT the pre-arrest, optional, voluntary portable breathalyzer test (a handheld breath test device about the size of a smartphone) offered at the roadway.

If you ask to speak with a criminal lawyer, the arresting officer might say you are refusing. As long as you tell the officer you WILL take the test, you can change your mind. Under GA DUI laws, you can choose to take the breath alcohol test or the BAC blood test.

DUI refusal can lead to a license suspension, even before the criminal case comes up. In Georgia, once you TAKE the arresting officer’s requested type of implied consent test, you are entitled to obtain an independent test or tests from a person of your choosing.

7. Try to Remember Names of People at the Jail.

On your way to jail, you might meet a police transport officer. You could also see a book-in officer.

A nurse may ask you health questions. You might even encounter another prisoner who could be a good witness in your case. If you have medical conditions that MAY impact a breath alcohol test, tell the nurse.

Do your best to remember the names and have good identification of these potential witnesses. Write this information down at your first opportunity.

8. You MUST Act on the Administrative License Suspension Within 30 Days after Arrest.

In Georgia, you only have thirty (30) calendar days to appeal your driver’s license suspension. Once you get out of jail, call a Georgia DUI attorney immediately to avoid a DUI license suspension.

If you want to file your own letter, send it by U.S. certified mail. Make sure to get a receipt from the post office. This receipt must show delivery within 30 days after the arrest. But, our DUI attorneys will help decide whether send a DDS Georgia appeal letter or opt for the IIDLP (ignition interlock device limited permit).

This is FREE, which means we do not charge any legal fee at our initial consult, so do not screw this up.

9. Do not Talk in Jail about your Case to other Inmates or Guards If You Want to Beat a DUI.

Authorities may record anything you say in jail, including phone calls. Don’t assume that what you say to another prisoner or a guard won’t be used against you. A prosecutor can use those words as evidence.

Only speak to your DUI attorney. Stay quiet while in jail.

Focus on posting bond. Also, gather good descriptions and names of helpful witnesses. Leave it to your DUI specialist to get the charge dismissed.

10. Do Not Risk Any New Arrests while your DUI charge is pending.

So long as your criminal case for DUI is pending, any new arrest — especially for another DUI — could create SERIOUS issues. To start, your first bond can be revoked, and you could go back to jail. Then, your DUI attorney will have to try to get a new bond. This may take days or even weeks.

He or she may also have to agree to have you submit to other conditions on your bond, just for you to remain out of jail (e.g., wearing a transdermal ankle monitor 24 hours a day until your case is resolved)

. For over 30 years, the Georgia drinking and driving laws have included a Georgia zero tolerance law for those under age 21.

11. Hire the Best DUI Lawyer Quickly.

To have the best chance to beat a DUI in GA, act quickly. They needed to hire a DUI attorney with high ratings. They wanted someone who knew how to beat a DUI charge.

The best DUI attorneys gather important evidence. They use DUI case law to find flaws in the police officer’s case.

Here are two examples of these flaws: (a) Road construction can make lane dividers hard to see. This can lead to a successful 4th Amendment challenge against a traffic stop. (b) Video footage from a restaurant, parking lot, or service station can help our attorneys in Atlanta, GA. This footage can support our client’s story and may help you beat a DUI in GA.

When hiring a lawyer, you want someone with experience and a strong record of success. Our DUI lawyers near you have over 25 years of winning cases. Ask yourself this: If you pay low fees for a DUI lawyer and still get convicted, does the cost really matter?

Can A Lawyer Get You Out of a DUI?

If this were not possible, thousands of clients would not have paid our lawyers. Our top-rated Atlanta DUI attorneys have fought DUI charges for 85 years of combined legal service. You do not consistently receive the highest lawyer ratings by losing, or not knowing how to beat a DUI test.

You can also keep your driving privileges if you follow your attorney’s advice and take the case to trial.

Can a first-offense DUI be dismissed? Sometimes, but not that often.

A more common situation is what our clients call “DUI loopholes.” These are flaws in police work, prosecution paperwork, or other parts of our pre-trial discovery. They affect how we gather all the facts of the case.

The need to “win” makes it important to find Georgia lawyers with high ratings for DUI defense in GA.

DUI defense attorneys understand the ways to win different types of DUI cases, like a DUI marijuana case, a DUI toxic vapors case, or a DUI Ambien case.

How to beat a DUI in court. Any loopholes in DUI cases found for your defense only come from in-depth knowledge of all applicable laws and understanding what to file, when to file it, and then when to RAISE that legal issue, during the court of the case.

Can a DUI be dropped? Absolutely. Our legal services professionals have had DUI cases dismissed thousands of times or charges reduced. In cases that require a DUI to settle, the client may choose to go to trial. In this situation, a complete acquittal is the only option our Georgia attorneys can pursue.

What happens when you get a DUI in Georgia? The worst part is having a permanent criminal record. This record cannot be restricted or erased, even for a first DUI in Georgia. Below, our three driving under the influence Super Lawyers list the Top 11 ways “How to Beat a DUI in Georgia.”

Almost 100% of those arrested under OCGA 40-6-391 have both a misdemeanor criminal law case in state courts (e.g., municipal court, state court, recorder’s court, or probate court).

Under Georgia‘s implied consent laws, you can file a DDS GA appeal. You can also go before an administrative law judge (ALJ).

If you qualify, you may seek an interlock restricted driving permit. This permit lasts for 12 months. It can help you avoid a full year of no driving privileges.

What to Say in Court About Your DUI Charges

When asked about your driving under the influence charges in court, don’t say anything. If you hired the best DUI lawyer in Georgia or had a public defender, that lawyer will speak for you.

How can I locate that top DUI lawyer GA with top legal credentials?

You could visit the three lawyers who wrote the top book on DUI law in Georgia in 2024. Most DUI lawyers, judges, and prosecutors in the state use this book.

If you waited for your criminal court “arraignment” date and went alone, you may have made two significant errors in judgment. These mistakes could be serious or even fatal to getting a DUI charge dropped:

1. You may have lost your right to drive for twelve months. This could happen if you missed the 30-day deadline to appeal the administrative license suspension at DDS Georgia. It could also happen if you chose to install the 12-month ignition interlock device on one vehicle.
2. You must file targeted criminal law suppression motions before, at, or within ten days after arraignment. This means you need to quickly find and hire a good DUI lawyer. They will need to work hurriedly to bolster your DUI defense.
3. You chose to fight a DUI without a lawyer. This will be a truly short book.

The first page will read “on a wing.” The second page will read, “and a prayer.” The end.

Self-represented DUI defendants are rare. Hearing about them is more surprising than hearing about a murder acquittal. The NCDD Board-Certified DUI attorney is one of fewer than 60 in America. To read those 101 Tips, see this DUI law information page.

He is currently updating and revising that book and will release “202 Ways to Avoid a Drunk Driving Conviction” soon.

In 2024, his law partners are both now national law book co-authors of DUI-related books.

For a DUI Lawyer in Metro Atlanta or Beyond, Our Criminal Attorneys Can Help Beat a DUI in Georgia

When helpful evidence or a key witness disappears, your GOOD case can become a TOUGH case. Criminal defense attorney Bubba Head and his partners, Larry Kohn and Cory Yager, have many stories to share. They can tell you how gathering evidence right after a DUI arrest has helped them win cases. This evidence has helped them beat DUI charges.

For a FREE lawyer consultation, call today at 404-567-5515. Get targeted and accurate DUI advice and ask about an attorney’s fee payment plan. Never just walk into your court and plead guilty on a 1st offense DUI in GA.

In retaining lawyers near me for DUI, ask about payment plans on your first offense DUI lawyer cost. Our firm gladly accommodates those requests, since we are in no rush to finish the case until you are satisfied with the result being obtained.

If you have been charged with a DUI, you should contact a Georgia DUI attorney right away. This is important whether you live in Georgia or not. We are the most experienced Atlanta DUI attorneys helping clients with their Georgia DUI. We will help you avoid a conviction and get the best results possible.

Contact top DUI attorney William Head, DUI defense lawyer Larry Kohn, and DUI criminal attorney Cory Yager. You can reach them at one of our four Metro Atlanta DUI law offices. Call today, 24 hours a day, at our DUI law firm’s local DUI office: 404-567-5515.

Obtain your Free Lawyer Consultation and get a FREE case review by an award-winning criminal lawyer in Atlanta GA. This detailed review helps anyone facing a driving under the influence charge in Georgia. It shows your options and, if you reach out within 30 days of your arrest, it can help you keep your driving privileges.

Additional Resources

• Georgia DUI Attorneys
• DUI Lawyer Near Me
• Hit and Run GA
• Sandy Springs DUI Attorney
• How Much Does a DUI Cost Over 10 Years?
• Vehicular Homicide GA
• What Is the Elliott DUI Case About?
• The Wording of the O.C.G.A. DUI Statute
• When Is a DUI a Felony in GA?

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