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.

Sometimes laws don’t make any sense.  For example in Georgia, if you are charged for a DUI and you take the matter to trial and are found “not guilty”, the DUI arrest and the outcome of the charge remains on your criminal record- it does not get wiped away.  How can this happen you ask?

Under the expungement laws for DUI, the following categories are eligible:

1. Case dismissed
2. Nolle prossed/Prosequi (declaration that the prosecutor plans to drop part or all of a criminal case)
3. Case not presented to the Grand Jury
4. No further action anticipated
5. No record on file
6. Dead docket (case has been on the docket too long and must be either refiled or dismissed entirely)

Therefore, the following  dispositions are not eligible for expungement:

1. guilty
2. not guilty
3. nolo contendre (no contest)
4. First Offender Act.

What that means is if you took your DUI case to trial and won, it will still show up on a criminal background check.  This can cause needlessly hardship and humiliation because of the political and social stigmas attached to DUI.

If you have a past DUI case you wish to discuss, please call 1-855-9-ATL-DUI.

A DUI conviction will remain on your criminal record forever in Georgia.

Many people who are facing or have been convicted of DUI charges worry about one thing, “When will this come off my record?”

Having a DUI on your record can be devastating.  For example, a DUI can automatically disqualify you from some job opportunities and will cast a cloud of uncertainty over you leading to you losing many others.  In a tough and competitive job market, this can truly change your life.

Many states have provisions that under certain stipulations, allow your DUI conviction to be wiped off your record or expunged?  Georgia does not allow this.  This means that a Georgia DUI conviction will stay on your permanent criminal record and be a source of humiliation and frustration 5, 1o even 20 years down the line.

This is why I strongly recommend anyone facing DUI charges to consult with an experienced DUI attorney immediately after their arrest.  The stakes are very high and not everyone realizes the extent of the penalties for these charges.  As a former Fulton County DUI prosecutor, I have experience on both sides of the law and bring that experience to help fight for you.
Please call 1-855-9-ATL-DUI for a free case consultation.

In addition to the legal penalties, drivers under 21 face numerous other penalties which can hurt them for years down the line and may even cost them their future.

• Effects on Employment: A DUI conviction may disqualify you from some types of employment, for example, commercial transport or being a pilot.  In many other cases, a potential employer may “overlook” your job application in favor of someone without a criminal record.
• College Acceptance: Many high profile colleges may weigh your criminal record as a factor for acceptance.
• College Scholarships: Scholarship applications in Georgia specifically ask about drug and alcohol convictions and a conviction will disqualify you from receiving a scholarship.  Imagine not being able to go to the college of your dreams because of this!
• Insurance Rates: Your insurance rates will increase significantly and some companies may drop your coverage altogether.
• Effects on Travel: You will not be able to rent a car and will not be able to travel to certain countries including Canada.
• Will Stay on Permanent Record Forever:  The conviction will show up on criminal background checks forever.  Even forty years from now, it can become a source of embarrassment and humiliation.

A DUI can cause numerous untold damages especially for young adults just starting out.  Losing an excellent career opportunity at this early stage, can lead to future setbacks.  This problem becomes magnified in a hyper-competitive job market.

Every situation is unique.  If you want to know how a DUI will affect you, please call 1-855-9-ATL-DUI for a free consultation.

If you are a CDL driver charged with a DUI in Georgia you are facing a situation that can potentially jeopardize your livelihood and your future.  That’s because Georgia CDL drivers face enhanced penalties for a DUI conviction regardless of whether you were driving a commercial vehicle or a personal one.  To top it off, the level of intoxicants required to show that a CDL driver was impaired is lower than that required of all other drivers. This is why you need to take your time and make the right choices to protect your rights and your career.

If you are a CDL driver facing a DUI in Georgia, make sure you choose the right attorney

As a CDL driver, you will face a one year license suspension for a Georgia DUI (three years if the violation occurred while driving a HAZMAT vehicle).  That means one year where you will have to find other work to support yourself.  In this economy, this is very difficult.  After that year, your license will be reinstated but there is no guarantee that you will be able to find work.  Trucking companies often run background check and if they do, they will see your DUI conviction and may avoid hiring you.  In many cases I have seen CDL drivers struggling for years to find stable work after a DUI.

This is why it is important for your to find an attorney who understands these issues and is willing to take the time to personally work on your case.  If you are looking for an Atlanta DUI lawyer who is experienced in fighting CDL cases please call The Law Offices of Douglas B. Chanco at 1-855-9-ATL-DUI.

I have previously discussed the penalties school teachers face when charged with a DUI in Georgia.  A recent story about a County School Teacher who lost her job because of a DUI shows how these things can play out in reality:

Teacher arrested for DUI will not get her job back

CHATSWORTH, Ga. — A former middle school teacher who pleaded guilty to driving under the influence earlier this year begged the school board Tuesday to give her a second chance, but board members upheld the school’s decision not to renew her contract.

While the Code of Ethics for Educators does not outline termination as a penalty for a first time DUI, it leaves the door open for school boards to interpret how the conviction bears on the moral standing of that teacher. More often than not, DUI and the political and social stigma it carries is seen by school boards as a crime that should result in the termination of an otherwise ethical teacher. There are no second chances for DUI convicts.

Such an action not only terminates a teacher’s current employment, it reverberates whenever this teacher applies for new employment. When a district conducts a background check and sees a DUI conviction, they normally opt to disqualify that applicant in favor of someone without the proverbial red flag.  A DUI conviction can spell the end of a teacher’s career as an educator.

This is why it is so important for teachers to get the right information and legal advice. As you can see from the teacher in the report cited above, the act of taking responsibility for your actions and pleading guilty does not ensure that the school board will treat your situation favorably, because at the end of the day, a “guilty” plea or a “no contest” is still a DUI conviction.

In my professional experience, teachers should get expert legal advice when faced with a crime like a DUI. If you are in the Atlanta area, you can contact Atlanta DUI Attorney Doug Chanco at 1-855-9-ATL-DUI for a free detailed consultation where we can discuss the charges against you and how they can effect your career. I have experience defending Georgia school teachers facing DUI charges and have helped secure “not guilty” verdicts to protect their rights and their careers.

Many people never stop to think about the value of driving.  Even though Atlanta has a great public transportation system, most of us still drive from place to place.  It’s a part of life.  However, have you ever stopped to think about what life would be like if your right to drive was suddenly snatched away from you?

The Cost of a Good Atlanta DUI Attorney is much less than losing your license.

It happens to people everyday who are charged with a DUI in Georgia.  Because of Georgia’s administrative license suspension law, even if you are totally innocent, the fact that you were charged with a DUI with an alleged BAC over .08 will result in the  Georgia Department of Driver Services moving to suspend your driver’s license even before your actual DUI trial.  The penalties are even worse for those who refuse to provide a breath, blood, or urine sample when requested to do so by the officer. There is no presumption of innocence until proven guilty.  Even if the tests are wrong, even if the cops “did you in”, your license can be suspended simply for being charged.  And if you are convicted on a first DUI offense over .08, your license can be suspended for a period of up to one year.

So ask yourself this question, “What amount of money would convince me to voluntarily give up my driver’s license for a year?”  For each of us it is a different amount and probably much, much more than what it would cost to hire an expert Atlanta DUI attorney.  When you factor in the value of driving, fines, jail time, increases in insurance rates and the possible loss of your job, you can see why it is much more expensive to get convicted than it is to hire a good DUI lawyer to fight your case.

If you are charged with a DUI in Atlanta, please call 1-855-9-ATL-DUI to speak with an experiences and dedicated Georgia DUI lawyer, Attorney Doug Chanco.

Bill Would Make DUI for Illegal Immigrant to be Felony, Even for a First Offense

There have been a number of bills recently passed by the Georgia State Senate that target illegal immigrants.  One of them is Senate Bill 162 that would make a DUI a felony for an illegal immigrant even for a first offense in GA.  Fines would increase to between $1,000 and $5,000 and jail time would increase to a minimum of one year and a maximum of five years.

Georgia lawmakers are pushing for increased penalties for DUI offenses by illegal immigrants

As an Atlanta DUI attorney, I have defended many DUI cases and during my time as a Fulton County prosecutor I prosecuted DUI cases.  One thing I have learned from a vast number of cases I have worked on is that there is a lot iffy evidence, inaccurate reports and biased opinions being used to prosecute Georgia DUI cases.   In fact, you can be charged and convicted of a DUI without drinking a single drop of alcohol.  It’s that bad.

The problem with increasing the penalties for DUI is that no one can ensure that these new and shiny laws won’t be applied to innocent people, ruining their entire lives.  We all agree that it is a tragedy when someone is killed or injured by a drunk driver.  On the same token, it is a tragedy when someone is wrongfully convicted and has to deal with the penalties of a DUI for the rest of their life.

Folks these laws are not about deterring crime or keeping our families safe, this is about politics.  Powerful DUI lobbies are pushing for unreasonable penalties without addressing the key issue of forensic reform and protecting innocent people from being wrongfully convicted.  Here these lobbies have found a weak group to target: illegal immigrants.

Laws should be based on science, data, and experts not on special interests.

If you are an illegal immigrant charged with a DUI please call 1-855-9-ATL-DUI.  Don’t delay and don’t cut your yourself short.  Hire an experienced Atlanta DUI Attorney who understands your situation and is willing to fight for your rights.

Many people don’t realize how severe the penalties are for a Georgia DUI. Even a first time conviction, the minimum sentences include jail time, fines, community service, and driving license suspension.  However, beyond these legal penalties are a host of additional penalties that could effect your life for years to come in ways that may surprise you.

How a Georgia DUI Can Effect your Car Insurance

A Georgia DUI conviction can effect you in many ways you may not realize. This is why you should consult with a qualified Atlanta DUI attorney.

If you are convicted of a DUI in GA one thing is for certain, your auto insurance rates are going to rise drastically.  Depending on your driving history and your insurance provider, your auto insurance rates may triple and you might even be dropped altogether.  Even if you maintain a perfect driving record after a DUI, it will take years for your premium to start decreasing and most certainly they will never return to your pre-arrest rates. The increased auto insurance costs alone are usually much more than what it costs to hire a good DUI lawyer in Atlanta.

In addition to auto insurance life insurance and medical  insurance premiums will also increase because of a DUI conviction.  In some instances, insurance companies have dropped the life insurance coverage of those convicted of a DUI and group them into a high risk pool with higher premiums and less benefits.

Restrictions on Travel because of a DUI

Car Rental

Those of us who travel frequently often rely on renting a car once we land.  If you’re convicted of a DUI you can forget about it. Car rental companies do not rent cars to drivers who have a DUI on their record.  You will have to opt for public transportation or a taxi instead.

Travel Restrictions

Many countries will not issue you allow you to enter if you have a DUI conviction on your record.  Most notably, Canada has stopped a number of people at the border because of a prior DUI.  This can be a very embarrassing experience especially if you are traveling with family or friends and you have booked tours and accommodation in advance.

How a DUI Can Effect Your Employment

If you apply for a new job and they perform a background check you can be certain that they will see your Georgia DUI conviction.  That is because a DUI conviction remains on your criminal record forever.  It never goes away.  While it is unethical and in some cases illegal to discriminate against a job applicant on the basis of a DUI conviction, it happens all the time.

In some career fields like CDL drivers and pilots, a DUI can trigger a suspension or revocation of an occupational license.  Doctors, nurses, school teachers and military personnel convicted of a DUI can face additional penalties from their disciplinary boards as well.

The Total Cost of a First Time DUI

As you can see there are many costs involved with a DUI conviction.  Once you take into account increased insurance premiums, transportation costs for the period you are without a license, alcohol counseling, time spent doing community service work, and probation supervision fees, you could spend well over $10,000 for a first time conviction. This does not include potential losses if you are a licensed professional or if you are discriminated against while applying for a job.

As you can clearly see, the penalties for a Georgia DUI conviction are not only harsh but they can effect you for many years down the road.  This is why it is in your best interest to meet with a qualified lawyer who can examine your case and help you chart out an appropriate course of action to best protect your rights.  If you are looking for a qualified Atlanta DUI Attorney who will take the time to carefully handle your case call 1-855-9-ATL-DUI.

Anyone can be charged with a DUI in Georgia.  Over my time as a defense attorney in the Atlanta area and as a prosecutor in Fulton County, I have seen people from all walks of life facing Georgia DUI charges.  However, people who hold professional certifications such doctors, lawyers, nurses and school teachers face possible additional damages in the shape of disciplinary action by their respective certification boards.

I have had the opportunity to represent a number of school teachers all across Georgia and in Atlanta in particular and wanted to spend some time to answer the most commonly asked questions by Georgia School Teachers charged with DUI:

Will I be able to teach?

Georgia School Teachers May Face Additional Penalties if Convicted of a DUI

Under the Georgia professional standards Code of Ethics for Educators, Georgia school teachers charged with DUI do not automatically lose their teaching license.  However, they are under risk.  Even for a first DUI, the school board can suspend or reprimand the the teacher.  This decision falls upon the discretion of the board.  Repeat offenders are clearly endanger of discharge based on the morality and ethics clause for professional standards.  In reality, which school would want a teacher whose photo has been published in the paper as a DUI convict and has served multiple stints in jail to be working with their kids?

Do I have to Disclose the DUI Charge to the School Administration?

The Georgia professional standards Code of Ethics for Educators has statutes concerning honesty and disclosure. Therefore, it is in your best interest to have full disclosure with your principal early on in the process.  Based on past experiences, it is not in your best interest to wait until the arrest has turned into a schedule court appearance to inform your superiors about this pending case.  After discussing your individual case with your attorney, you can make the decision as to how and when you should inform your school about this arrest.

How will a DUI Drugs Effect My Teaching Career?

The Code of Ethics for Educators clearly states that:

Standard 1: Legal Compliance – An educator shall abide by federal, state, and local laws and statutes. Unethical conduct includes but is not limited to the commission or conviction of a felony or of any crime involving moral turpitude; of any other criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana as provided for in Chapter 13 of Title 16;

Therefore, any Georgia teacher convicted of a drug related offense such as DUI Drugs can expect to face sanctions from the professional board. These sanctions may include suspension or even loss of teaching privileges.

If you are a Georgia school teacher or educator facing a DUI charge please seek the advice of a qualified Georgia DUI Lawyer.  If you are in the Atlanta area please call The Law Offices of Douglas B. Chanco, for a free consultation at 404-250-3206 with an experienced Atlanta DUI Attorney.