Georgia DUI law is among the most complex and convoluted in the nation. Don't assume that every attorney you speak with will understand the many facets of Georgia's DUI, license suspension, and implied consent laws and rules. Keeping up with the many changes made by the legislature, the courts, and the Department of Drivers Services takes a lawyer's full attention.
Beware of the lawyer who dabbles in DUI defense!
No attorney can be an expert in every area of the law. That would be about like asking a doctor to be an expert in every area of medical practice. It just can not be done. But, for some odd reason many attorneys think that they can pick up a few DUI cases whenever the rest of their practice is slow. That is a recipe for dsisater for the client.
Let me share with you some real-life examples of how I have seen non-DUI specialist attorneys making their clients situations worse because they did not know DUI law. These are absolutely true stories:
Real-life Example #1: I was in the State Court of Gwinnett County. I watched a young woman plead guilty with the assistance of a distiguished looking attorney whom I had never seen before. It came out during the plea colloquy that the lawyer was the "family attorney" and had known the young lady and her parents for many years. The lawyer thanked the judge for allowing them to come to court ahead of the scheduled court date so that the young woman could enter the guilty plea before she started back to collge at UGA in a few weeks. It came out that the young woman was less than two months from turning 21 years of age! So, by getting this young woman into court before she turned 21 the lawyer ensured that she would not be able to drive at all for a year! All he had to do was have her enter the plea at her regularly scheduled court date (which was after she would have turned 21) and she could have been able to drive with a limited permit. This lawyer made his client's situation worse.
Real-life Example #2: I was called on the phone by a non-DUI attorney who was desperate for some help. He had plead his client guilty to DUI prior to the Administrative License Suspension Hearing. Then, for some unknown reason, he told the client that neither the client nor the attorney needed to show up for the administrative hearing. There are some instances where that could possibly be true, but this was not one of those times. The client had refused to submit to a breath test, so the consequence of failing to show up for the hearing was that the client was not able to drive for a year! This situation could have been easliy avoided. Once again, because he did not know DUI law the attorney made the situation worse for the client.
I see it all the time. Attorneys handling DUI cases who do not have a clue. Keeping up with the issues related to DUI defense requires constant attention. Every year the Georgia Legislature changes some element of DUI law and license suspension law. Not to mention the changes the Legislature makes to criminal procedure laws as well. Then, the Georgia Department of Driver Services (DDS) has to interpret these laws and fill in the gaps with their own policies and procedures. And, the Georgia Court of Appeals and Supreme Court are constantly being asked to review and interpret the laws and how they are enforced.
When you consider the variety of issues that might come to play in a FIRST arrest for DUI, and the fact that each of these areas are being constantly litigated in the trial and appellate courts, you might be able to imagine the vast effort to stay on top of all of these matters:
Was the stop of the vehicle lawful? Was the driver profiled?
Was there a valid roadblock, or was there "reasonable articulable suspicion of criminal activity"?
Was the purpose of the initial stop unlawfully extended? Did the officers embark on a fishing expedition?
Was there a lawful search? What is a lawful search?
Did the officer ask for field sobriety tests? Were the fields truly voluntary?
Were the fields instructed and evaluated per NHTSA's guidelines?
Are the fields going to be admissible at trial?
Was there probable cause for an arrest?
Was the arrest lawful?
Was the implied consent warning read? Was it the right warning? Was it read correctly?
When and where was the implied consent warning read?
Did the officer make other comments about implied consent rights?
Was the driver afforded the chance for an independent test?
Was the breath performed on a machine that was working properly?
Was the testing officer current in his certification?
Was the machine current in its quarterly calibration checks?
Was the officer talking on his radio?
Did the driver vomit? Burb? Chew gum?
Is the driver a woman? Have diabetes? On any special diets? Have dentures or braces?
These are just some of the issues that the attorney will have to look at in evaluating a typical first arrest for DUI. Factor in multiple officers, accidents, injuries, questions about who was driving and when, and the number of issues go up exponetially. Then, factor in prior arrest for DUI, or other "HV" offenses (Fleeing & eluding, Hit & run, and child endangerment) and variances in age and licensing status, and figuring out how to just keep the client driving - let alone beating the DUI - can be extremely difficult.
Again, I urge you, don't use an attorney who "dabbles" in DUI.
I, Robert Giannini, am a lawyer who practices exclusively in the realm of Georgia criminal law. And, the vast majority of my practice is devoted to DUI cases. In accordance with Georgia State Bar Rules, I can say that DUI defense is my specialty. I belong to an exclusive association of Georgia attorneys who are dedicated to defending people charged with DUI (Georgia DODD). Additionally, I belong to the National College for DUI Defense, Inc. In 2005 I was selected to help set up Gwinnett County's DUI Court, and I served on that DUI Court for two years. My focus and energies are directed towards knowing and understanding the complexities of Georgia's DUI and license suspension laws, and how to help my clients.
There is currently a glut on the market of lawyers in Georgia. And with the recent down turns in the economy, many lawyers have been laid off from larger firms. As such, there are now hundreds, if not thousands, of attorneys trying to handle criminal cases, including DUI's. Just having a law degree does not make someone a DUI lawyer. DUI cases and license suspension laws are complicated. If you are looking for a DUI attorney, please be careful whom you hire. I suggest you read my section called "Defending DUI Cases in Georgia."
Call (770) 237-3800 for a free consultation with an actual DUI attorney.
