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How do you beat a DUI?

Douglasville, GA |

In a DUI arrest, in which the suspect gave the arresting officer problems with the breathalyzer and eventually blew an insufficient sample reading .041, does the defendant have enough substance to plead not guilty in the arraignment?

Attorney Answers 8


  1. You ALWAYS have enough substance to plead not guilty at arraignment. There isn't enough information here to know if you have a good chance of beating the DUI in the long run, but I would be happy to talk to you about it more in depth in person or on the phone.


  2. I agree; you have nothing to lose by pleading not guilty and exploring whether a reduction to reckless driving may be a possibility (or consider fighting this at trial, if necessary). The Intox 5000 machine at the station does not give a BAC reading if you provided an insufficient sample, so I suspect there's more going on. Call around and consult with attorneys and find one that you're comfortable with at a reasonable price for your area. Best wishes to you!


  3. How do you beat a DUI? The best way is to hire me or any of the other experienced DUI lawyers here on Avvo.

    Thanks for reading my response to this question. If your found this answer "Helpful" or "The Best Answer" PLEASE MARK IT, because Avvo awards me points. Thank you! Note that the questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.


  4. You are not going to be able to handle this by yourself. Lawyers are trained in the law and know exactly what it is that the STate has to prove to convict you. The defendant here is charged with a "less safe" DUI. This will be based upon the officers initial observations of the defendant, the field sobriety evaluation and a "refusal" to take the state chemical test by blowing an insufficient sample. However, depending on the circumstances. a lawyer may be able to get part or all of the officer's evidence thrown out on legal grounds. Moreover, a trained attorney will know how to cross-examine the officer as to his observations and field sobriety evaluation. Cops often make huge errors in these cases. You are not trained to recognize them. YOu need a lawyer. I will be happy to provide a free consultation: 678-881-0815


  5. How do you beat a DUI? As you can see from the other responses, there are many, many ways, and without a BAC reading over .08 your chances increase greatly. There are motions which need to be filed, reports and evidence to consider, and, ultimately a trial to conduct if any of the other methods don't work. I have actually never lost a DUI less safe trial, so the odds are in your favor. But, and this is a big But, you need a lawyer to handle this for you. Much as gall bladder surgery is routine for a skilled surgeon, the technical aspects of the procedure are such that if you do it yourself you could have major problems on your hands.

    Also, if the officer took your license and gave you a yellow sheet of paper to "drive on" you have a very short period of time to save your license regardless of the eventual outcome in Court. Get in to see someone asap.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  6. Absolutely. You need to have your lawyer waive your arraignment and enter a plea of not guilty. This case seems to be one that can either be dismissed or reduced. Of course, more details need to be given to your criminal defense attorney.


  7. Plead not guilty then get an attorney to represent you.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616

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