One of the most important assessments made by police which determines whether or not a person is  charged with a DUI are the Field Sobriety Tests.  There are three recognized test called the straight line walk and turn, the one leg stand and the horizontal gaze nystagmus (follow my finger with your eyes.)

One important note is that drivers are not required by law to take these tests.  You can and should refuse to take them.

Police and courts rely heavily on the results of these tests but the question is are these tests valid?  One objection I have is that these tests do not put drivers in everyday activities.  No one stands on one leg on a daily basis and there are many people who physically cannot do that.  Many more people are plain clumsy.  Therefore, the tests themselves are not specific to alcohol and someone doing poorly on them can be attributed to a number of factors.

This is why it is important that anyone charged with a DUI in Georgia, contact a qualified DUI attorney who has a strong background in field sobriety testing.  The right attorney can challenge the results of these tests and protect your rights.

If you are in the Atlanta area, please call 1-855-9-ATL-DUI for a free, detailed case consultation.

Recently, the National Transportation Safety Board (NTSB) recommended that the DUI limit should be reduced from 0.08% to 0.05% nationwide. They claim that this will make our roads safer.  This claim, however, is highly questionable.

One of the main problems with lowering the legal limit is testing.  There are already enough problems and false convictions being made on the current levels.  Lowering the bar will result in more innocent people getting convicted.

There are major problems with the breath testing machines which are used all over Georgia.  One of the fundamental problems is that these machines are not specific to ethanol and will flag other similar substances and count them towards your BAC.  So for example, if you were painting and used paint thinner recently, the chemicals absorbed through your hands will show up in your blood and will be counted towards your breath test reading.  Other substances that can cause false readings are mouthwash, nail polish remover, hand sanitizing liquid, cough medications and even inhalers used by people with asthma.

The penalties for a DUI in Georgia are very severe and include jail time, expensive fines and a lengthy license suspension.  These penalties are really cripple a person.  That is why we need to make sure that these penalties are dished out to those truly guilty of the crime and that innocent people are protected.  Lowering the limit will inevitably cause more harm by landing innocent people in jail.

DUI convictions are complex and people often underestimate the extent of the penalties.  Because it is a common crime, people think they will get off easy.  This is not the case.

In Georgia, even a first DUI conviction can carry the following penalties:

• 10 Days to 12 months in jail
• 12 month license suspension
• $300-$1,000 fine
• Community service

Losing your license can create a horrible domino affect.  For some people they may lose their jobs and for many others it will be very costly getting to and from work.  Also, the sheer fact that there is a DUI on your criminal history can lead to many potential employees not hiring you.

Another costly consequences is the increase in your car insurance rates.  Those convicted of a DUI can expect to pay premium rates for many years.

Losing you current job or losing out on future opportunities is a real danger for those convicted of DUI.  This is why it is recommended that you seek a qualified and experienced attorney for your DUI defense.  There may be avenues that could protect you from many of the harshest penalties.

If you are charged with a DUI, you owe it to yourself to thoroughly explore your legal options.  This is too risky to leave to chance.  Please call 1-855-9-ATL-DUI for a free case consultation.

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.