Common Misconceptions About Georgia DUI Laws

When people think about driving under the influence (DUI) in Georgia, many misconceptions and misunderstandings surround the topic. These myths can lead to confusion and may even cause individuals to unknowingly break the law. To fully understand DUI laws in Georgia, it’s important to separate fact from fiction. This helps not only to stay safe on the road but also to avoid unnecessary legal trouble. There are many false beliefs about the consequences, legal process, and the way DUI cases work, and these need to be cleared up. At, Willis Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.

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DUI Charges Are Just for Alcohol

One of the most common misconceptions about DUI laws in Georgia is that you can only be charged if you’re driving drunk. People often assume that alcohol is the only substance that can impair driving. In reality, Georgia DUI laws cover more than just alcohol. If you’re driving under the influence of drugs—whether they’re illegal substances, prescription medication, or even over-the-counter drugs—you can still be charged with a DUI. Any substance that impairs your ability to drive can result in a DUI charge, regardless of whether it’s something you got from your doctor or bought at a pharmacy. For example, taking too much of a cold medicine or driving after using legal marijuana in another state could get you into trouble in Georgia. It doesn’t matter if you thought you were okay to drive; if the drug affects your ability to do so safely, you can face the same consequences as someone who is driving drunk.

You Can Only Be Arrested If You’re Over the Legal Limit

Another common misunderstanding is the belief that you can only be arrested for a DUI if your blood alcohol concentration (BAC) is above the legal limit of 0.08 percent. While this is the standard threshold for DUI charges, you can still be arrested and charged with a DUI even if your BAC is below 0.08. This is especially true if you’re showing signs of impairment that make it unsafe for you to drive. For example, if an officer pulls you over and observes erratic driving, slurred speech, or other signs that you’re not in control of your vehicle, you may still face a DUI charge even if your BAC is lower than the legal limit. Georgia law allows officers to use their judgment based on the totality of the circumstances, meaning that your driving behavior plays a big role in whether you get charged with DUI, not just the number on the breathalyzer.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

Refusing a Breath Test Will Help You Avoid a DUI

Many people think that refusing to take a breath test will keep them from being charged with a DUI. This is a huge misconception and can actually make your situation worse. Georgia has something called “implied consent” laws. This means that by driving on Georgia roads, you automatically agree to take a breath, blood, or urine test if you’re suspected of driving under the influence. If you refuse to take a breath test, you could face immediate penalties, including the suspension of your driver’s license for up to one year. Refusing a test does not mean you won’t be charged with DUI. In fact, the refusal can be used against you in court, and the officer can still arrest you based on other evidence of impairment. It’s important to understand that refusing a test does not make a DUI charge go away, and it may lead to even harsher consequences.

DUI Charges Are Minor and Don’t Have Long-Term Effects

Many people wrongly believe that a DUI charge is no big deal and that it won’t have lasting consequences. This couldn’t be further from the truth. A DUI conviction in Georgia can have serious and long-lasting effects on your life. A DUI conviction stays on your criminal record permanently and can impact your ability to get a job, apply for housing, or even secure loans. Additionally, a DUI conviction can lead to higher car insurance rates for years, as insurance companies see people with DUIs as high-risk drivers. Beyond financial penalties and jail time, a DUI conviction can affect your ability to keep or renew a professional license if your job requires one. The consequences are far-reaching and can follow you for the rest of your life. It’s important to take any DUI charge seriously because the effects don’t end when you pay the fine or serve your sentence.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

First-Time Offenders Don’t Go to Jail

Some people think that if it’s their first time getting arrested for DUI, they won’t face any jail time. This is a dangerous assumption. In Georgia, even first-time offenders can face jail time. The penalties for a first DUI offense in Georgia can include up to one year in jail, though the exact time will depend on the circumstances of your case. Factors like your BAC level, whether anyone was injured, and if there was any property damage can influence how much time you spend behind bars. Additionally, even if you don’t end up serving jail time, you could still face other penalties such as community service, probation, and mandatory DUI school. Thinking that a first offense is just a slap on the wrist can lead to people not taking their situation seriously enough, which can result in harsher penalties than they anticipated.

You Can’t Be Arrested for DUI If You’re on Private Property

A lot of people think that if they’re driving on private property, they can’t be charged with a DUI. This is another misconception. In Georgia, you can still be charged with a DUI even if you are driving on private property. This includes places like parking lots, driveways, or private roads. The law applies wherever the public has access, so even if you’re not on a public road, you can still be arrested if you’re driving under the influence. This is important to know because some people assume they are safe to drive after drinking if they stay off public streets, but that’s not the case. Whether you’re driving on a quiet street or your own property, the law still applies, and the penalties for driving under the influence are the same.

You Can Represent Yourself in a DUI Case

Some people believe that DUI cases are simple enough that they don’t need a lawyer to help them through the legal process. They think they can handle it themselves or that it’s not worth the expense to hire a lawyer. This is a mistake that can cost you dearly in the long run. DUI cases are complex, and there are many factors that can affect the outcome of your case. Having a lawyer who understands Georgia DUI laws can make a big difference in the penalties you face. A lawyer can help you navigate the court system, challenge evidence, and negotiate a better outcome. Without legal help, you may miss opportunities to reduce your charges or avoid the most severe penalties. Trying to represent yourself in a DUI case is risky, and it’s always in your best interest to have legal representation when facing such serious charges.

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You Can Always Get Your DUI Record Expunged

Another common misconception is that once you serve your time or pay your fines, you can get a DUI charge removed from your record. Unfortunately, in Georgia, this is not true. DUI convictions in Georgia cannot be expunged or removed from your criminal record. Once you are convicted, it stays on your record for life. This can have long-term consequences for employment, housing, and other areas of your life. It’s important to understand this before making any decisions about how to handle your DUI case. Because the conviction will follow you forever, it’s important to do everything you can to minimize the impact of a DUI charge. Working with a lawyer can help you understand your options and make informed decisions that can affect your future.

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If you find yourself facing DUI charges, it’s crucial to take the situation seriously and understand the misconceptions that might mislead you. DUI laws in Georgia are complex, and the consequences of a conviction can be long-lasting. Trying to handle a DUI case on your own or relying on misinformation can lead to harsher penalties and long-term consequences. It’s always best to seek legal advice when dealing with DUI charges to ensure you understand your rights and the legal process.

If you or someone you know is facing a DUI charge, the Willis Law Firm can provide the guidance you need. With their experience in Georgia DUI laws, they can help you navigate your case and work toward the best possible outcome. Call Willis Law Firm today to get the support you need during this challenging time.