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.

Labor Day Weekend is one of the most traveled weekends of the year.  In response, police will be setting up DUI checkpoints in Atlanta and all over Georgia.

As in the past, I will be listing the location of any DUI checkpoints I find so that the citizens of Georgia can make informed and responsible decisions.  If you come across any DUI checkpoints, make sure to list them in the comments below.

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 call 1-855-9-ATL-DUI! Under Georgia DUI laws, you will face jail time and a year-long license suspension even for a first offense.  This is why it is important for you to contact a qualified Atlanta DUI attorney immediately.

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In DUI cases, there is too much emphasis placed on the results of the Standardized Field Sobriety Tests.  The misconception is that these tests are 100% accurate indicators of sobriety.  They are not.

For example, there are many reasons why someone can stumble while standing on one leg.  Weight and health issues can come into play.  Some people are downright clumsy and outside of a select few, no one practices standing on one leg.  It’s just not normal.

If he stumbles does that mean he's drunk?

What about walking a perfectly straight line heel-to-toe, like a gymnast on a balance beam?  Is this something people normally do?  If someone stumbles does that mean they are drunk?

Police put too much faith in these acrobatic tests and so do the courts. This blind faith is unreasonable, especially since the tests’ own designers have acknowledged the limitations and false positive results which are a common occurrence.   This is why you need an attorney who can challenge the Field Sobriety Tests in court.  In my years as an Atlanta DUI lawyer, I have been to many training seminars dealing with challenging the Field Sobriety Tests. I am also a certified Standardized Field Sobriety Test Instructor as recognized by the National Highway Traffic Safety Administration (NHTSA).  This knowledge and experience help me fight for your rights and protect you against a wrongful DUI conviction.

For more information or to schedule a free case consultation, please call 1-855-9-ATL-DUI.

If wrongful convictions are happening in death penalty cases, even under high scrutiny, then don't you think they happen in far less scrutinized cases like DUI?

One of the common misconceptions I come across from people I meet is their assumption that if someone is charged with a DUI then he/she must have been guilty.  Those of us who work with DUI cases on a daily basis know that this couldn’t be further from the truth.

I would like to illustrate this with an example from the most scrutinized type of criminal cases: death penalty cases.

Death penalty cases go through a number of appeals and reviews and despite this an alarmingly high number of people are wrongfully executed every year.  The Innocence Project has helped to overturn a number of death penalty cases through DNA testing and has shown these cases are indicative of a widespread problem.  Not every wrongful conviction is caught, leading to many wrongful executions.  Here is an example:

Wrong man was executed in Texas, probe says

He was the spitting image of the killer, had the same first name and was near the scene of the crime at the fateful hour: Carlos DeLuna paid the ultimate price and was executed in place of someone else in Texas in 1989, a report out Tuesday found.

Even “all the relatives of both Carloses mistook them,” and DeLuna was sentenced to death and executed based only on eyewitness accounts despite a range of signs he was not a guilty man, said law professor James Liebman.

Liebman and five of his students at Columbia School of Law spent almost five years poring over details of a case that he says is “emblematic” of legal system failure.

DeLuna, 27, was put to death after “a very incomplete investigation. No question that the investigation is a failure,” Liebman said.

Read more

My question to you is this: If wrongful convictions are happening in death penalty cases, even under high scrutiny, then don’t you think they happen in far less scrutinized cases like DUI?

As a former Fulton County Prosecutor, I have a unique perspective on DUI cases in Atlanta after having been on both sides of the trenches. The fact of the matter is people are wrongfully arrested and convicted for DUI and that it why DUI defense attorneys like myself keep fighting the good fight – to protect your rights.

If you get arrested for a DUI in Atlanta call 1-855-ATL-DUI

After supposedly being “successful” in Atlanta and Savannah, The DUI Nighthawks are coming to Columbus.

As a former prosecutor and current DUI defense attorney, I have a unique perspective on the DUI Nighthawks program because of dealing with it from both sides of the law.  The problem with these types of DUI-centric patrols is that cops feel pressured to make DUI arrests and many times do so in cases that might otherwise be labeled as “borderline”.  This pressure to arrests comes from the incentives related to DUI arrest numbers such as: promotions, overtime opportunities, as well as unofficial “quotas” set by their bosses.

Subsequently, many innocent people are falsely arrested for DUI and subjugated to the extraordinarily heavy handed punishments that come with a DUI conviction.  This could happen to either me or you.

If you have been arrested for a DUI you should consult with a DUI attorney to properly understand the law and your rights.  In Atlanta, call toll-free 1-855-9-ATL-DUI.

DUI cases for driver under 21 are very unique and there are many fine details in the law that require extra attention.  While some options may be viable for those over 21, the way the laws are structured in Georgia, some options may still lead to a license suspension.

Nolo Contendere (no contest)

A nolo contendere plea is counted as a guilty plea in Georgia.  This will not help in saving your license or protecting yourself from other penalties.  By pleading nolo contendere, you are basically pleading guilty. Most importantly, Georgia does not allow anyone under age 21 to enter a nolo contendere plea to DUI or marijuana and other drug charges.  Some judges may take an exception to this, but the Georgia DDS will not and the under 21 driver will still lose their license.

Georgia First Offender Act

The “Georgia First Offender Act” allows the court to withhold adjudication in many cases.  This DOES NOT apply to DUI.

Pleading to Reckless

While pleading guilty to a reckless driving charge may be a good option in DUI cases for those over 21, for those under 21 it will not save your driving privilege.  This is because a reckless driving charge is a four-point offense which will trigger at least a six month hard suspension with no driving. There are no limited driving permits or work/school restrictive driving options for under 21 drivers who are found guilty of reckless driving.

This is why you need to consult with an experienced attorney who know the law and can give you the right guidance.  As a former DUI prosecutor, Attorney Chanco knows both sides of the law and this knowledge can be the difference in your case.

Please call today 1-855-9-ATL-DUI.

I get a lot of questions from young people and parents about Georgia DUI laws concerning drivers who are under the age of 21.  Many of them are concerned not only about the immediate DUI charge, but about how a DUI will affect their permanent record and their future?

In an effort to educate the public and help people facing these charges make better decisions, I have created a series called Georgia DUI Laws for those under the age of 21.

Georgia DUI laws of drivers under 21 will penalize you with jail time, fines and a lengthy license suspension if convicted.

Our first post in the series will deal with the laws and legal penalties for this charge.

Laws and Legal Penalties for a DUI for Drivers Under 21

The first important thing to note, is that a driver under 21 can be convicted for DUI for having a Blood Alcohol Concentration (BAC) of .02.

If convicted a first time offense will carry the following penalties:

• Jail: 10 days- 12months (a judge may stay this sentence but 24 hours must be served)
• License Suspension: First offense, BAC less than .08 will result in a 6 month revocation – NO working/limited driving permit.
  BAC over .08 or a repeat offense will result in a 12 month license revocation – NO working/limited driving permit.
  After the revocation period, the driver must apply for a new license.
• Probation: 12 months less jail time served
• Fines:$300-$1,000
• Community Service: At least 40 hours

In addition to the penalties stated above, drivers under the age of 21 must attend DUI school.

As you can see there are very severe legal penalties for DUI for those under 21 and additionally many other penalties not stated above.

If you have any questions concerning DUI laws, please call Attorney Doug Chanco at 1-855-9-ATL-DUI.

DUI checkpoints are becoming more and more common in Atlanta and across the country, despite being highly ineffective.  Lawmakers in Georgia have proposed doing away with them altogether:

DUI checkpoints violate our constitutional rights.

Bill aims to ban DUI checkpoints

SALT LAKE CITY—

A bill that would ban law enforcement agencies from setting up DUI checkpoints has left committee and will now go before the full House of Representatives.

Supporters of the bill, sponsored by David Butterfield, R-Logan, say that DUI checkpoints aren’t as productive as other methods of DUI enforcement and violate civil rights.

“We say that citizens have a right against unreasonable searches,” said Butterfield. ”The Utah Supreme Court and the United States Supreme Court have both held that they are constitutional under very narrow guidelines, but that’s problematic.”

Any time you see a report on DUI checkpoint statistics, you will notice that the arrest rate is normally less than 1%.  That means 99% of us are having our rights violated for no reason.  Furthermore, DUI checkpoints are very expensive and end up costing taxpayers a lot of money.

I hope some of the lawmakers here in Georgia would stand up and take a hard look at the facts and challenge DUI checkpoints here as well.

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 

Recent revelations that a Georgia police officer falsified readings in DUI cases has once again called into question the credibility of members of the police.  This is especially troubling in DUI cases where often times the bulk of the evidence is subjective and relies on the assessment of the police officer as to whether or not the driver was impaired.  It’s a judgment call and even veteran police  officers are known to sometimes “take liberties” with the truth.

Charged with an Atlanta DUI? Make sure your case is reviewed by a qualified Atlanta DUI lawyer.

DUI cases in jeopardy after Richmond County deputy admits falsifying readings

The forced resignation of a deputy assigned to the DUI task force could affect the prosecution of hundreds of cases, according to those in the legal community.

Erik Norman faced mandatory resignation from the Richmond County Sheriff’s Office on Oct. 19 after a prosecutor reported that Norman told her he had falsified readings from a hand-held alcohol-testing device.

Norman told the department’s internal affairs division that he had done it only “once or twice” but couldn’t recall exactly which cases were involved.

This is yet another reason why you should not immediately plead guilty without a careful examination of the evidence and testimony against you.  DUI cases are very complex and there are set procedures that the police need to follow in order to have their evidence considered as valid.  As a former Fulton County Prosecutor, Attorney Doug Chanco has been involved with DUI cases in Atlanta for many years and knows both sided of the law and effectively uses that knowledge in the defense of his clients.

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