DUI Myths

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Myths about DUI in Forsyth County Georgia

Driving under the influence (DUI) is a serious offense that poses significant risks to both the driver and others on the road. Unfortunately, misconceptions about DUIs persist, which can lead to dangerous decisions and legal troubles. Our Forsyth County DUI Lawyers are here to explain some of the common DUI myths and also to answer your questions. Our office is open 24 hours a day, 7 days a week to answer your call! With over 50 combined years of experience, we know the intricacies of DUI law and can properly advise you on your case. Don't wait, call now for a free obligation case evaluation. 

Myth 1: I Can't Get a DUI If I'm Not Over the Limit of .08%

One of the most prevalent myths about DUIs is the belief that you can only get arrested if you are over the limit of .08%. In reality,  Georgia has a statute known as "DUI less safe",  which means that a driver can be convicted of DUI even if their BAC is less than 0.08 grams if their driving ability was impaired due to alcohol. 

Myth 2: I Can Refuse a Breath Test Without Consequences

Some people believe that refusing a breathalyzer test will protect them from a DUI conviction. While you have the right to refuse the test, doing so often comes with consequences, such as an automatic license suspension or other penalties. Additionally, in many jurisdictions, your refusal can be used against you in court as evidence of guilt. 

Myth 3: I Can Talk My Way Out of a DUI

Another common misconception is that a charming personality or quick thinking can help you avoid a DUI arrest. In reality, once an officer suspects impairment, they are likely to follow standard procedures and carry out sobriety tests or administer a breathalyzer. Attempting to talk your way out of it may only make matters worse, and any statements you make can be used as evidence against you.

Myth 4: Field Sobriety Tests Are Accurate Measures of Impairment

Field sobriety tests, such as the walk-and-turn or one-leg stand, are often used by law enforcement to gauge a driver's impairment. However, these tests are subjective and can be influenced by various factors, including nervousness, fatigue, or physical limitations. A medical condition or an uneven surface can also affect your performance. Failing a field sobriety test does not automatically mean you are intoxicated; it simply gives the officer probable cause to make an arrest.

Myth 5: I Can Represent Myself in a DUI Case

Some individuals facing DUI charges believe that they can handle their defense without legal representation. DUI cases can be complex, involving legal nuances and potential consequences that may not be immediately apparent. An experienced Forsyth County DUI attorney can help you understand your rights, navigate the legal process, and build a strong defense tailored to your specific situation, increasing your chances of a favorable outcome.

Myth 6: A DUI Conviction Won't Affect My Life Beyond Fines

DUI convictions carry consequences that extend far beyond fines. They can result in a suspended or revoked driver's license, mandatory alcohol education programs, probation, jail time, and having a DUI on your record forever. A DUI conviction can also lead to higher insurance rates and have long-lasting effects on your personal and professional life, including difficulties finding employment or housing.

Myth 7: There is Not Much a Forsyth County DUI Attorney Can Do If I Have Tested Above the Legal Limit

We have heard this theory many times. Our Forsyth County DUI Lawyers are trained in every possible DUI Defense that may be used on your behalf in court. Your attorney will begin by challenging whether you voluntarily submitted to a breath test, the equipment used itself to conduct the test and the validity of the reason for the stop (articulable suspicion).  In addition, there are many other defenses an attorney can look into to help you fight your case, even if you took a breathalyzer and tested above the legal limit. Furthermore, even if a breath result is unable to be excluded from evidence, our DUI Attorneys in Forsyth County Georgia are often able to negotiate a better plea offer than if you tried to represent yourself.

Myth 8: Judges Go Easy on People who Complete Defense Driving Before Court 

Although many times completing defensive driving courses and community service before going to court is helpful, they do not warrant a dismissal of your charges.  These things do not negate the fact that you may still be guilty of the charges, but they do show you have taken things seriously on your part and may be helpful in obtaining a reduction of your charges. Every case is different, and the decision to reduce your charges is solely up to the prosecutor.  If reduced, the case will not be completely dismissed.  The more likely outcome would be a reduction to reckless driving. Before taking action, it is in your best interest to contact our DUI Lawyers in Forsyth County.

Myth 9: You Can't Get a DUI for Marijuana

Another common myth is that you cannot be charged with DUI for driving under the influence of marijuana. This is simply not true. In Georgia, it is illegal to drive under the influence of drugs or alcohol, including marijuana. If you are found to be impaired by marijuana, you can be arrested and charged with DUI. The same penalties apply for DUI of marijuana as for DUI of alcohol. Whether you have been charged with DUI alcohol or drugs in Forsyth County, GA, contact our DUI lawyers immediately.

Myth 10: A DUI isn't a Big Deal Since it is Just a Misdemeanor Offense 

If this is your first, second, or third DUI charge, then you will likely be facing misdemeanor charges. If this is your fourth or more, you will most likely be facing a felony. When you receive your first DUI charge, the penalties will go as follow:

  • Fines up to 1,000 dollars
  • 12 months probation
  • 1-10 days jail time
  • License suspension
  • 40 hours community service

These are in addition to other penalties such as alcohol classes, DUI school, and mandatory treatment. For the second and third offenses, the same penalties will be more severe—fines will increase, you may be imprisoned for a longer period of time, and an interlock driving system may be placed in your car, etc.

If you are facing your fourth DUI or a DUI that injured or killed another person, you will be facing a felony. With a felony, you may have your license taken away for several years (or even life), three years in prison, and heavy fines.

Our DUI Attorneys in Forsyth County can assess your individual case and determine what penalties you may receive, and which may be reduced or eliminated.

Contact Our Team of DUI Attorneys in Forsyth County Today

Understanding the facts about DUIs is crucial for making informed decisions and avoiding legal trouble. DUI myths can lead to dangerous behaviors and costly consequences. Remember that the best way to protect yourself from a DUI is to never drink and drive. If you find yourself facing DUI charges, consult with an experienced Forsyth County DUI Lawyer who can help you navigate the legal process and work towards the best possible outcome. 

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