112Views
Georgia DUI convictions or charges can have lasting repercussions that prevent people from finding jobs they desire, living in homes of their choice and even pursuing certain career opportunities as many employers run background checks on potential hires.
Under certain conditions and legal outcomes, record restriction or expungement can become possible. Below are some misconceptions surrounding this process.
Myth 1: You Can’t Get a DUI Off Your Record
Georgia DUI convictions may be sealed or expunged if certain criteria are fulfilled, including an acquittal or dismissal, as well as proof that your record is no longer necessary to fulfill job or other legal obligations.
Georgia law forbids drivers with blood alcohol content (BAC) levels of 0.08 or above from driving, and if arrested for DUI a judge will require that you undergo a chemical test to ascertain your BAC level. Because such tests can become inaccurate if administered for too long after arresting, Georgia has implemented the 3-hour rule so chemical testing can occur as soon after an arrest as possible.
People often misunderstand this rule and assume that by refusing a breath test they’ll avoid being charged with DUI. Unfortunately this is not true and could actually exacerbate your situation; potential employers, landlords, and educational institutions will see your DUI conviction on their record and this could pose future difficulties for employment or education opportunities.
Myth 2: You Can’t Get a DUI Expunged
Anyone hoping to expunge their DUI record should first understand the legal process and how it works. Expunging records depends on a number of factors and may take some time.
One common misperception about DUI arrests in Georgia is that those under the state limit of 0.08% cannot be arrested for drunk driving, when in reality this only represents part of what police consider drunk driving; officers can arrest drivers if they believe that alcohol or any substance impairing driving ability affected driving ability, including prescription and OTC medications.
People may believe that refusing a breathalyzer test protects them from being charged with DUI; however, in reality it could lead to license suspension and could even be used against you in court proceedings. Furthermore, Georgia law makes driving while under the influence of drugs (not just alcohol) illegal.
Myth 3: You Can’t Get a DUI Charge Dropped
Though no DUI conviction can be completely expunged from your record, that doesn’t mean it has to remain there permanently. Under Georgia laws, records restriction applications may help reduce some of its impact.
To qualify for this option, the DUI must either be dismissed or reduced significantly. Dismissals often occur when evidence collected by law enforcement officials proves unreliable such as field sobriety test results that do not accurately reflect reality or blood alcohol readings that are miscalibrated.
An early legal representation is crucial in order to maximize any chance of dismissal or record restriction. While the process can take time, its rewards could be tremendous; an experienced Georgia DUI lawyer could offer invaluable guidance and insight throughout. Contact our firm now for a consultation – we offer bilingual legal support throughout metro Atlanta and North Georgia and welcome clients with DUI charges!
Myth 4: You Can’t Get a DUI Charge Sealded
Many people believe it to be false that Georgia law only permits DUI arrests on public roads; however, Georgia laws allow arrests on private property such as driveways and parking lots as well.
As difficult as the process may be, getting a DUI dismissed can still be possible with certain considerations in mind. For example, improper administration of field sobriety tests, Miranda rights not read aloud and video evidence contrary to officer testimony could all increase your odds for dismissal of your case.
Should you find yourself facing DUI charges or conviction, James Yearganof Atlanta DUI attorney can help with records restriction (formerly called expungement). Contact him now for a free consultation; our firm serves clients throughout Atlanta and North Georgia with one of the highest rated DUI defense teams. Clients trust us with their reputations, families and livelihoods – this responsibility we take very seriously.
