It’s getting warmer which mean more people will flock to the Georgia’s coastline to enjoy boating.  If you plan to get on a boat on Georgia’s waterways, you should be aware of the new boating under the influence (BUI) laws that have gone into effect.

First, there has been a drop in the legal BAC limit for BUI from 0.10% to 0.08%.  This is the same level that is in place for driving a car.

Secondly, the penalties for BUI have increased and now a first time offense could cost you $300 in fines along with jail time and a suspension of not only your boating license, but also your driving license.

For more information on boating under the influence penalties, please call 1-855-9-ATL-DUI.

For many of the people I meet, a DUI is their first run-in with the law.  Most of the people accused are not hardened criminals or gang bangers.  A lot of them are common folk who made a bad decision.

Because of their lack of experience in dealing with criminal proceedings, people often make the wrong choices and fall prey to common misconceptions which could greatly alter the outcome of their case.  In my experience as a Fulton County prosecutor and as an Atlanta area DUI lawyer,  these are the top five misconceptions I have noticed:

5. I’ll get off easy because I have a clean record

Just because you have never committed a crime before does not mean you will be dealt with lightly.  DUI charges come with a lot of political pressure for prosecutors to push for the harshest penalties.  For a first offense, the penalties can include:

Jail Sentence: 10 Days to 12 months.

License Suspension: one year.

Fines: $300-$1,000

Community Service: Minimum of 40 hours for those over 21, 20 hours minimum for those under the age of 21. A judge will decide the actual hours.

DUI laws include mandatory minimums that must be imposed.  That means even if you are a model citizen, the judge has no choice but to impose at least the minimum penalty.  The prosecutor will almost certainly be pushing for more.

4. Pleading guilty will get me a lighter sentence

Pleading guilty early on in the case is not a good idea.  There should at least be a review of the evidence to see how it can be challenged.  Many times cases can be won and prosecutors can offer a better deal to avoid going to trial.  By pleading guilty, you have not put any pressure on them to give you a better option.

3. There is no way to disprove the DUI tests anyways

This is completely false.  Breath, blood and urine tests all have limitations and can be successfully challenged.  Many times equipments is improperly used and machines are not calibrated.  Also certain medical conditions can affect readings and yield artificially high blood alcohol readings.  A well trained and experienced DUI lawyers can scientifically challenge these tests which can help secure a dismissal of the case.

2. I don’t need a lawyer

DUI cases involve complex legal and scientific matters.  It is not a simple paper pushing procedure.  This is why it is recommended that you consult with a highly qualified DUI attorney not an inexperienced one.  Handling your case by yourself can make matters worse because you will find little help and will not know of some of the other options available. Getting the best lawyer you can find is the single most important step you can take to protect your rights.

1. It will all blow over in a couple months

Unfortunately, this isn’t going to go away by itself.  Even long after a conviction, your DUI can come back to haunt you.  It will remain on your permanent criminal history forever.  Every time an employer does a background check, they will see the DUI.  It may cause you to lose out on job opportunities.   There are also many private websites and apps that publish arrest and conviction info meaning and friend or acquaintance can easily see your DUI in seconds.  Plus there are a host of other consequences like increased insurance rates.  Just ignoring the problem will never make it go away and the longer you delay getting help the worse it will get.

The best thing you can do is to get professional help immediately.  If you are in the Atlanta area, call 1-855-9-ATL-DUI.

The Georgia Senate has passed a bill that would increase the penalties for multiple DUI convictions.

The bill calls for anyone with a 2^nd DUI conviction over a five year period to have an ignition interlock device installed in their vehicle for one year.  The current law calls for an eight month probationary license period as well as 120 days without any license or driving privileges.

Ignition interlock devices are the proverbial scarlet letter for those convicted of DUI.  It easily becomes public knowledge and a source of embarrassment.  This is why it is important to consult with an experienced DUI attorney to review your case and see if there are alternatives available to avoid a DUI conviction.  In many cases, the charges can be reduced or dismissed altogether.

For a free consultation call 1-855-9-ATL-DUI.

The State of Georgia has enacted very strong penalties for Methamphetamine and related substances.  A review of the penalties is shown below:

Whenever facing a felony drug charge, it is highly recommended to seek professional legal counsel. Call 1-855-9-ATL-DUI for a free consultation.

Penalties for Possession, Possession with Intent (PWI) to Distribute, Sale or Delivery, Manufacture:

There are many other consequences of a felony drug conviction including a suspension of your driving privilege.  Call 1-855-9-ATL-DUI to find out more.

• License suspension- A felony drug conviction will also cause your driver’s license to be suspended.  A first offense will be a 6 month suspension.
  
• Criminal Background Checks- A felony drug conviction will show up on criminal background checks for the rest of your life. Most employers do background checks and once they see a felony conviction, they most likely will not hire you.  This can make finding work very difficult.
• Public Humiliation- Many websites make a living out of publicizing your arrest details and mugshots.  They then charge you to have the pictures removed.  Whenever anyone searches, your details will be there.
• Increased Auto Insurance Rates- Many people do not realize it, but a drug conviction can prompt your insurance company to increase your rates, often times drastically.
• Civil Asset Forfeiture- The government may seize assets (for example your car) that were used in a crime. There are complicated procedures by which you may be able to recover these assets.

Whenever facing a felony drug charge, it is in your best interests to consult with an experienced criminal defense lawyer.  Attorney Doug Chanco has experience on both sides of the law and uses that leverage to protect his clients.

To learn how to protect your rights, please call Attorney Doug Chanco for a free consultation at 1-855-9-ATL-DUI.

It has become a tradition that is followed on all holiday weekends: police setting up DUI checkpoints.

So before you out for St. Patty’s Day, make sure to read: Georgia Drivers, Know Your Rights! Knowing your rights and making the right moves can decrease the chances of you being falsely arrested.

If you are arrested for a DUI remember there are critical steps that you need to take right away to increase your chance at a successful defense.  If you are arrested for a DUI in the Atlanta area, please call 1-855-9-ATL-DUI to find out about how to protect your rights.

He who represents himself has a fool for a client
-Abraham Lincoln

Many people choose to represent themselves in criminal and DUI cases.  It is their constitutional right.  But that doesn’t mean it is a good idea.

Lawyers, doctors, mechanics, electricians- all specialists have years of education, training and experience that cannot be replaced by reading a couple articles online or in  a library. When it is your very freedom and liberty that is at stake, you can see how risky this can be.

Unfortunately, many people do not realize this until they have messed up their case beyond repair and it ends up looking something like this:

Last week we learned that 10 metro police officers have been charged in connection to helping to protect a drug trafficking ring.  We were appalled, but not surprised.

Whenever you give people power, with a severe lack of oversight your have created a petri dish for corruption.  Corruption in police departments is not limited to officers helping criminals.  One of the most common forms of police corruption which almost no one talks about is police lying.

It happens all too often.  They “embellish” the facts on a police report and some flat out lie.  Attorney McShane of Pennsylvania recently wrote a great post about police officers lying under oath in response to an article in The New York Times  which highlights this point.  Police performance has increasingly become incentive based and people lie to get incentives.  It’s part of human nature.  It’s like when you ask 6th graders if they did their whole science fair project by themselves.

Police lie.  The problem is that juries and judges believe them.  That is why you should find a defense attorney who will uncover the truth and call out their lies and hold them accountable in court.

Many people assume if they blow over .08% they are doomed to a DUI conviction.  This is not true.  Contrary to what many people believe or have been told, the breath machine is not absolutely accurate.  In fact, all over the country, there are reports of faulty DUI breath machines producing inaccurate readings.  A trained and experienced DUI lawyer can challenge breath test evidence and many times can be successful in exposing the weaknesses in it and getting the evidence thrown out.

The breath machine currently in use in Georgia is the Intoxilyzer 5000.  This machine is so faulty, that a county judge in Pennsylvania, recently ruled that the results from this machine are unreliable.  Dauphin County Pennsylvania judge Judge Lawrence F Clark, Jr. writes in his opinion in Commonwealth v Schildt, “As a result of the evidence produced at the hearing, it is now extremely questionable as to whether or not any DUI prosecution which utilizes a reading from an Intoxilyzer 5000EN breath testing device could presently withstand scrutiny based upon the startling testimony of the commonwealth’s own witness, Mr. Faulkner, at the hearing.

Mr. Schildt was defended by Attorney Justin McShane of Harrisburg who is one of the finest lawyers in the country.  Not only did Attorney McShane win the case for his client, he was able to bring a substantial change to the way DUI is handled in Pennsylvania.

Mr. Schildt made the smart choice and selected a lawyer who had the training and knowledge to challenge the evidence against him and it made a big difference in the end.

This is why you should take your time and choose a DUI attorney who will handle your case with care and attentiveness. Preparation and details win cases.

At The Law Offices of Douglas B. Chanco, your case will never be handed to a junior attorney.  I will personally handle every aspect of your case and use my knowledge and experience to protect your rights.  For a free case consultation please call 1-855-9-ATL-DUI.

New DUI laws that went into effect on January 1, 2013 bring important changes to DUI work permits. Here is a summary of the changes:

For First Time Offenders

Drivers who have been convicted on a “First-in-Five” DUI charge will now be allowed additional relaxations in their hardship permits. Previously, drivers on hardship permits were only allowed to drive to work, school, the doctor, support group meetings and DUI school. Now they will be also allowed to drive to court, report to their probation officer, and perform community service. They will also be able to drive an immediate family member who doesn’t have a car to work, school or to receive medical services.

For Second Time Offenders

Drivers who have been convicted on a second offense in five years will now be allowed a hardship permit as well. After 120 days, they may apply for a hardship permit that will allow them to work, school, receive medical treatment, support group meetings and DUI school as well as to court, to report to their probation officer, and to perform community service. They will also be able to drive family members to such places.
To qualify for a hardship permit, drivers must have completed an alcohol/drug risk reduction program, have completed a clinical evaluation and have enrolled in an approved substance-abuse treatment program. Additionally, they must have an ignition interlock device installed in their vehicle.

If you have been charged with a DUI in Atlanta and have questions, please call Attorney Doug Chanco at 1-855-9-ATL-DUI.

I was recently interviewed for a local news telecast in connection with one of my cases.

You can read the news coverage at wsbtv.