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 National College for DUI Defense (NCDD) is the premier legal association for DUI lawyers.  Every year they host several intensive DUI training seminars bringing together the foremost experts in DUI defense.  Some of the topics that are covered are:

• Blood testing and Gas Chromatography
• Issues in breath testing
• Trial skills
• Cross-examination tactics
• Recent changes to DUI case law

and much, much more.

In addition to these seminars, the college boasts an active and helpful community of lawyers around the country who pride themselves on helping others.  It is very helpful to be able to tap the minds of the sharpest DUI experts in the country and get their ideas on your situation.

I am an active member of the NCDD and wholeheartedly feel that it makes me a much better lawyer and prepares me to defend my clients better.  I would highly recommend that anyone who is charged with a DUI should seek out an attorney who is a member of the NCDD because you will be hard pressed to find that level exposure and expertise in an attorney outside the college.

Thanksgiving is one of the most traveled long weekends of the year and you can expect to run into your fair share of DUI checkpoints and  patrols.  Inevitably, a large number of drivers will be arrested in the Atlanta area.

Before you go out, 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.

A DUI arrest can be a very frightening experience.  You could go to jail and lose your license.

The best thing you can do to help protect your rights is to take smart and decisive action.  You need to consult with an experienced DUI attorney immediately.  Under Georgia law, there are certain time sensitive steps you may need to take to protect yourself and your right to drive.  If you delay and the deadline passes, you may lose out on certain legal options.

As a former Fulton County prosecutor, I have a unique perspective on DUI and criminal cases and can advise you as to what to expect from both sides of the law.  I have also attending many training courses on DUI forensic science and use that knowledge to win cases for my clients.

At The Law Offices of Douglas B. Chanco we understand your concerns and deal with each client on a personal level.  In some larger firms, you may get “passed around” between different lawyers and may come to find that the majority of casework is being handled by junior attorneys.  We handle things differently. I will personally handle every aspect of your case.  This intimate knowledge and attention to detail is often times the key to success in the courtroom.

If you have been arrested for a DUI over Labor Day Weekend, please call 1-855-9-ATL-DUI now to schedule a free consultation and strategy session.

There are a lot of DUI attorneys in Atlanta.  There are some really good professional attorneys who really know how to defend your rights.  There are also a number of DUI lawyers who don’t go the extra mile and thus their clients end up with inferior results.

You have the right to a trial- so use it! Find an Atlanta DUI Attorney who takes DUI cases to trial.

One of the main problems is that most people who I have met who are facing a DUI have very little experience with the legal system and how things work.  Many of them end up choosing the wrong attorney and by the time they realize it- it’s too late.

As a former Fulton County Prosecutor who worked on numerous DUI cases I have a unique perspective with experience from both sides of the law.  Based on that experience, I would like to offer a simple piece of advice:

If you are searching for a DUI attorney, choose one who plans on taking your case to trial

Many lawyers opt to take quick plea deals without really getting down and dirty with the case.  Taking a case through the trial process allows a professional attorney to thoroughly review the evidence against you and challenge its validity.  Many DUI cases get dismissed during the preliminary hearings.  Also the threat of going to trial often pushes prosecutors to offer a better deal than what was available at the onset.  A professional DUI attorney can guide you and tell you when a deal is the right deal.

So please keep this tip in mind.  When looking for a DUI attorney in Atlanta, choose one who takes cases to trial and who has the guts and the experience to fight for you.

If you are charged with a DUI there are many options  you should consider with a qualified and experienced attorney.

One option is to negotiate with the prosecutor to change the DUI to a lesser charge, most often reckless driving.  There are clearly many advantages to this tactic.  For example, DUI can result in jail time, a lengthy license suspension and heavy fines while reckless driving is usually  penalized with a fine (much less than DUI) and sometimes community service. Also reckless driving does not carry the same political and social baggage as a DUI and since DUI will show up on a criminal background check FOR THE REST OF YOUR LIFE, a DUI can close doors to job opportunities and harm you even many years after the incident. In other words, reckless driving is a traffic offense and DUI is a crime.

The key to getting a better deal from the prosecution is to negotiate from a position of power.  If the prosecutor feels the attorney across from them is well-prepared and can challenge their evidence, they will be more likely to end the matter with a favorable deal.  Prosecutors also try to avoid going to trials as they are expensive and time consuming.  Knowing how prosecutors think is a huge advantage for me because I have worked as a Fulton County prosecutor and I know what needs to happen to protect the rights of my clients.

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

One of the harshest consequences of a DUI conviction is that it stays on your criminal record forever.  This can lead to you losing career opportunities even decades after the fact- even if you have a perfect criminal record after the conviction.  A new law proposed in the Georgia legislator, however, aims to rectify this:

Erase DUI convictions after five years, says state legislator

ATLANTA, Ga. – Should DUI offenders get a second chance?

There’s a new proposal at the state legislature to change Georgia’s DUI law back to what it used to be, so that people convicted of Driving Under the Influence of alcohol or drugs would get their convictions erased from the books if the offenders keep a spotless record for five years.

The debate has already begun.

“I think the five-year punishment is a lot for some people not to get the job they want or not be able to get into law school,” said Rep. Rusty Kidd, (R) Milledgeville, who introduced the bill. “Give them five years. If they keep their nose clean for five years, that’s a long time. Then give them another chance.”

The fact of the matter is, DUI normally is not  indicative of habitual criminal behavior.  DUI is usually the result of poor planning or poor decision making by an average citizen.  For most of the clients I have met, DUI was their first and only run-in with the law.  This is why offenders should  get a second chance, especially if they have paid their debt to society and kept a clean record.

However, this bill is facing stiff opposition by lawmakers and DUI lobbies like MADD and will have a hard time passing because, frankly, the rights of DUI offenders are not things politicians worry about.  Even if it is the right thing to do, politicians who fear the political backlash of the DUI lobbies will buckle and fall in line.

It’s a sad state of affairs really, when common-sense can be overruled by politics.

If you pick up a phone book or search an online directory for Atlanta DUI attorneys you will be bombarded with advertisements and listings.  For an average citizen, how can one differentiate between all the choices.  Is there really a difference?

Experience counts in DUI cases. Choose the DUI lawyer that has the experience to fight your case and protect your rights.

One thing is for certain, not all lawyers are alike and the biggest differentiating factor between them is experience.

By experience I don’t only mean “years on the job” what I mean is how much real courtroom experience do they have fighting DUI cases.  There are many, many attorneys out there who handle hundreds of DUI cases a year but have never even been to a preliminary hearing, let alone a full-blown trial.  Many attorneys play the numbers game and grab as many cases as possible and process them as quickly as possible.  This is not real experience.

Real experience in DUI cases involves fighting cases in front of different courts and fighting cases in actual DUI trials.  Real experience means handling complex cases like CDL cases, DUI accidents and DUI drugs cases.  Real experience mean having the knowledge of the law and science and being able to use that knowledge to defend the rights of their clients.

At The Law Offices of Douglas B. Chanco, we have the experience needed to fight your DUI case.  We have:

• Fought and won DUI cases in full courtroom trials
• Successfully cross-examined  government expert witnesses and scientists
• Used forensic science in the courtroom and challenged blood and breath tests
• Attended the most rigorous and intensive DUI training available through the NCDD
• Worked on both sides of the law, first as a Fulton County prosecutor and now as an Atlanta DUI attorney

Not only do we have the experience, we are totally dedicated to defending your case and will handle it professionally and honestly.  If you have a DUI case in the Atlanta area, please call 1-855-9-ATL-DUI.

We fight Atlanta DUI cases all the way to court- to protect your rights.

Many people who are arrested for DUI feel that they have no other option than to simply plead guilty, wrongly believing that this will get them off with a lighter sentence than if they were to fight the case.  From my experience as a prosecutor and as a DUI Defense Attorney, this is not the way the system works.  Even in cases where the suspect is guilty, they should seek the help of a professional DUI attorney to review the case and investigate what options are available.

At The Law Offices of Dougls B. Chanco, we use our knowledge of the law and science to put ourselves in a powerful position in front of the prosecution.  We know how the courts work and how prosecutors think and can use that to negotiate better terms in favor of our clients.  Just because someone is guilty, does not mean they don’t have options.

Many times, after a detailed investigation, we find problems in the way the police handled the case or in the way a specimen was tested and can use this information to fight the case in court.  We regularly fight DUI cases to trial and find that this is one option that has enabled us to secure the best results for our clients.

For a free detailed consultation on your case, please call Atlanta DUI Attorney Doug Chanco at 1-855-9-ATL-DUI for a detailed case evaluation so we can discuss your options.

While most of us will be kicking back to enjoy the holidays, police will be setting up DUI checkpoints all over Georgia and especially in and around Atlanta. Therefore, in an effort to keep the public aware  and informed, Atlanta DUI Attorney blog will be providing DUI checkpoint alerts on this page.

Please make sure to bookmark this page and share it with your friends over facebook and twitter.  Also please post any Atlanta DUI checkpoint information in the comments below.

As always, stay safe and stay informed.  If you do happen to get pulled over or stopped at a DUI checkpoint, please know your rights and how to use them.

Wednesday Dec 28

Imperial court and GA 400

Friday Dec 23

Ashford Dunwoody/ Ravinia Parkway

Perimeter Center East/ Ashford Dunwoody

Webb bridge/Turner McDonald Parkway