William C. Head, PC

William C. Head-Board-Certified Atlanta DUI Lawyer-Top Atlanta Criminal Defense Attorney in Georgia

William C. Head, PC

5 Concourse Parkway
Suite 2340

Atlanta, Georgia 30328

Phone(404) 567-5515 or(888) 384-4323
Fax (877) 586-7150

Website www.BubbaHead.com
Contact William C. Head, PC  Contact the Law Firm

Other Offices: Alpharetta, GA  Athens, GA  Marietta, GA  

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Law Firm Overview

William C. Head, PC is known as the only lawyer to be named to top DUI lawyer in America by the National College of DUI Defense, in 2003. Twice named the best DUI Lawyer in Atlanta (2012 and 2017) by Best Lawyers [dot] com.
He is the author or co-author of 12 DUI defense books and has represented over 15,000 clients. Offering four metro Atlanta area offices in Georgia, Attorney “Bubba” Head helps clients with all types of misdemeanor and felony cases. Mr. Head and his two law partners in their DUI law firm provide 24-hour service throughout the entire state of Georgia and offer FREE professional consultations to people in trouble. Early action (in criminal defense matters) can make a huge difference in the outcome of a criminal case.

For over 41 years, William Head and partners have offered aggressive legal counsel and representation. Do not stand in court alone. Whether you were arrested and face jail time or prison time, you need an experienced criminal defense lawyer on your side.

If you (or a loved one) needs an experienced, skilled criminal defense attorney, contact William C. Head, PC. You can schedule a FREE case review. 404-567-5515 or 1-888-384-4323. Payment plans are available for your personal convenience.

Year this Office was Established: 1976

Languages: English; Spanish

Areas of Law













Additional Areas of Law: Vehicular Homicide, possession of marijuana, license suspension


Areas of Law Description

Atlanta DUI lawyer William C. (Bubba) Head is frequently recognized as a national leader in the field of DUI defense. He has received accolades and awards from legal groups across the country, including groups located in the State of Georgia. Of more than 35,000 Georgia attorneys, only 4 lawyers have achieved Board Certification through NCDD. Atlanta DUI lawyer Bubba Head is one of those four DUI attorneys. These industry honors and professional recognitions are confirmation to his legal achievements as well as his outstanding reputation as a criminal defense attorney, whether the client is charged with felony vs misdemeanor.
He has been a Lifetime Member of GACDL and NACDL for over 20 years, and has been a criminal defense attorney for over 40 years. Mr. Head wrote his first drunk driving book in 1991 entitled “101 Ways to AVOID a Drunk Driving Conviction.” This book, on how to beat a DUI, made him nationally famous as a DUI defense lawyer. Following that book, he was authored or co-authored over a dozen more drunk driving books on a NATIONAL level, and assisting other top DWI-DUI defense lawyers to become published authors in their State.
Many new lawyer “rating” services have popped up in the last 15 years, primarily due to the Internet. DUI lawyers have signed up for many “pay-for-rating” services, but a few attorney rating sites have maintained their autonomy and independence from becoming faux attorney reviews and awards. Beyond the highest echelon of Board Certification, three recognized, independent attorney rating services (and not just for DUI attorney ratings) that are both reputable and credentials-based are:
Martindale-Hubbell – The Nation’s Oldest – Mr. Head has the highest possible ratings: 5.0 or 5.0 preeminent as well as “av” rating, with the highest lawyer ratings awarded for both ethical conduct and legal ability.
Best Lawyers in America – This site is the most EXCLUSIVE, peer-reviewed national lawyer review site in the country, for all practice areas. Mr. Head has been rated with this service for 9 years, and is a Tier 1 rated DUI law firm with U.S. News and World Report, as part of this listing.
Super Lawyers – a division of Thomson-West-Reuters – This attorney rating directory listings are provided by local peer surveys. Those lawyers (in all practice areas) with multiple, successive top attorney ratings achieve Super Lawyers status. For younger, top-ranked attorneys, under age 40, the Rising Star designation is the highest ranking possible, and Cory Yager, partner of Mr. Head, has earned six straight Rising Star designations from Super Lawyers. Partner Larry Kohn is also named as a Super Lawyer for 2017.
Mr. Head has been named to ALL THREE of the above lawyer rating sites, plus numerous other national attorney ranking sites like AVVO. Of all the recognitions and awards he has received, one stands out as being very special. In 2003, when the Dean of National College for DUI defense was Gary Trichter, William was awarded the National DUI Lawyer of the Year by the National College for DUI Defense, a legal group which teaches advanced trial training to drunk driving defense lawyers throughout the United States. The award was presented by NCDD at Austin Hall, located on the Harvard University School of Law campus, Cambridge, Massachusetts, in July 2003.
For over half of his 40 years as a GACDL member, Mr. Head also has been a Life Member of the Georgia Association of Criminal Defense Lawyers. Mr. Head has chaired half a dozen criminal defense lawyer seminars for GACDL over those many years, plus many boot camp programs that were DUI-focused. He is co-chair of the 2017 DUI Boot Camp for GACDL.
Additionally, Best Lawyers in America named Mr. Head as being the Best DUI Attorney in GA in 2012, and featured him in an article. Best Lawyers repeated that honor in 2017, as the Best Atlanta DUI Lawyer.
In March of 2016, Attorney at Law Magazine named Atlanta DUI attorney William C. Head their "Attorney of the Month."
In 2015, Georgia Trend Magazine named Atlanta DUI lawyer Bubba Head to its “Legal Elite” rankings, an honor that he also received in 2004 and 2008. He was named one of the Best Attorneys in Georgia by this well-known statewide business magazine.
In 2000, Atlanta Magazine ran a feature on Atlanta attorney Bubba Head, naming him the “Best DUI Lawyer” based on a poll of his peers. That same year, Bubba was Board Certified by NCDD, and he has been a DUI specialist in defending driving under the influence cases ever since.
Since 2012, Mr. Head and his Atlanta DUI law firm were recognized in the U.S. News & World Report directory of the “Best law Firms in America.” A majority of his DUI law firm's 650 criminal cases each year are for drinking and driving criminal offenses.
Beyond attorney ratings within the legal profession, Mr. Head has also been named to numerous prestigious business profession lists including: The National Who’s Who Registry, Who’s Who in America, Who’s Who in American Law, and Who’s Who in the World.
To contact Bubba Head about representing your case, call him now at 404-567-5515 or toll free at 1-888-384-4323, or schedule a no-cost, professional consultation with Bubba by completing an online case evaluation today.



Lawyers

William (Bubba) Head Mr. William (Bubba) C. Head
Managing Partner
Accident, Appellate Practice, Arson, Asbestos Mesothelioma, Assault

  

Affiliations

  • National Association of Criminal Defense Lawyers
  • Georgia Association of Criminal Defense Lawyers
  • Georgia Trial Lawyers Association
  • American Bar Association

More Information on William C. Head, PC

DUI Arraignment
Is A DUI A Felony?
Expunging Your DUI
DUI Implied Consent
Breath Tests
Blood Tests
Field Sobriety Tests
William C. Head, PC Blog

Articles Published by William C. Head, PC

 Finding the Best DUI Attorney: Is "Best Rated" Really the Best?

For those skilled in Internet searches and Google rankings, narrowing down your search for the best DUI lawyer can be challenging. Pushing past puffery, fake lawyer ratings and deceptive descriptions means that Web surfer must be patient, and drill down to find which DUI attorneys have the very best REAL credentials and client reviews.

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 Do I Need a Lawyer for DUI in Cumming, Georgia?

A DUI in Cumming, Georgia is a serious criminal charge that can lead to a lifetime criminal record, since a DUI in Georgia cannot be expunged, deferred, nor resolved by a first offender plea like most other crimes, felony or misdemeanor. Hiring an Atlanta DUI lawyer with impeccable attorney reviews is a good starting point.

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 DUI with Child in Car in Georgia: Misdemeanor DUI and Potential Felony DUI Punishment

DUI with Child in Car is a form of Child Endangerment that not only carries potential jail time at the county lock-up, but can also constitute a felony child endangerment and loss of all driving privileges for many years or even for LIFE. In fact a substantial minority of states now make driving under the influence with a child in a vehicle a felony.

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 Implied Consent Law after Drunk Driving Arrest Confuses & Confounds Drivers; Loss of Driver License

Every person who gets a driver's license in America is subject to having his or her driving privileges taken, if he or she refuses to take the State-Administered Breathalyzer Test. Even for those who take the breath alcohol test following DUI-DWI arrest, some loss of driving privileges is common.

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 The Romberg Test Is a Medical Evaluation Being Used by a Lay Person as a Non-Standardized Field Sobriety Test

Police in America, on a NATIONAL level, have created a bogus roadside evaluation called the modified Romberg balance test. Although recently determined to not be competent evidence in Georgia in Mitchell v. State (Ga Supreme Court, 2017), it is still used by some police officers today to try to determine if a driver is intoxicated.

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 Romberg Test DUI Results Used by Police Have Never Been Proven to Reliably Identify Drug Impairment

Named after a 19th-century neurologist, the Romberg test is used to evaluate medical patients to see if they have “normal” balance while simply standing in a certain manner.

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 Differences Between Armed Robbery and Robbery in Georgia: Who Was the Victim? Was a Weapon Used?

Robbery in Georgia is a felony. The potential jail time varies [depending on whether] a weapon is involved. or the victim is elderly.

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 Hiring the Best Criminal Defense Attorney for Your Family Violence or Domestic Battery Case

The crime of Domestic Violence is disruptive to both the family unit, but can bring harsh criminal consequences if not handled correctly. Georgia laws have both felony and misdemeanor statutes in the Georgia Code to deal with various levels of Family Violence.

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 Conditional Discharge Plea Available to Protect Criminal Record from a 1st Offense Drug Charge in Georgia

A special Georgia Statute, § 16-13-2, permits a court with a pretrial intervention program (PTI) or conditional discharge to offer qualified first offenders the opportunity to keep their state criminal record clean, by entering a voluntary program that holds the case open and defers a guilty or nolo contendere sentence, to allow the person to successfully complete the terms and conditions.

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 Georgia DUI Laws Punish DUI-Drugs More Harshly, So DUI-Marijuana Cases Must Be Fought

Most people know that possession of more than an ounce of marijuana—a Schedule I controlled substance—is a felony. But, even when no marijuana is present in your pockets or vehicle, driving under the influence of marijuana is DUI-Drugs can bring more severe punishment and driver's license loss.

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 Georgia Drunk Driving Law Now Offers Some Georgia Licensees an Ignition Interlock Option for DUI Refusal

For the first time in Georgia DUI history, a person who has refused to take a post-arrest forensic test of breath, blood or urine can get an ignition interlock device for 12 months, and avoid the draconian impact of a total 1 year suspension of all driving privileges.

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 Vital Tips on How to Win a DUI Case in Georgia

Many Clients facing DUI ask their criminal defense attorney about what they can do to assist the drunk driving defense lawyer win their case. By the time the case is filed, most of what clients can do to help is to not create new issues while the current DUI in Georgia is pending.

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 Georgia Implied Consent Law: New Ignition Interlock Option on DUI Refusal to Avoid Total License Suspension

Georgia DUI Laws have been rated as the second toughest in America. A new modification of the harsh one-year suspension for a DUI refusal to submit to a post-arrest Implied Consent test now has a more favorable alternative. However , some people arrested for DUI in Georgia are not eligible.

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 Legal Alcohol Limit in Georgia - How the BAC Level Dropped from 0.15 to 0.12 to 0.10 and then to 0.08

Drinking drivers in Georgia have little or no education on estimating their BAC level, nor have most people who drink and drive ever used a BAC Calculator to estimate the correct number of "standard" drinks that it takes to put them over the legal alcohol limit. This article reviews the very short time in America that DUI-DWI has been a crime, and how the USA has steadily moved toward Prohibition, for all motorists who are behind the wheel.

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 Beat a DUI by Using an Expert Witnesses to Debunk Every Field Sobriety Test

In most DUI cases, the State has more witnesses than the defense, and dazzles the Jury with unchallenged, bogus field sobriety test "evidence" about "clues" or "cues" observed by the arresting officer on SFSTs.

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 Why Top DUI Attorneys in Georgia Charge More: A Frank Discussion on DUI Lawyer Fees

Great results are what all accused impaired drivers in Georgia should seek when they hire a criminal defense lawyer in Georgia. We know this because no celebrity, TV personality, or sports star goes to a DUI court without the best DUI attorney they can find, since money for legal fees is not an object.

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 DUI in Georgia: Should I Hire a General Practice Lawyer or a DUI Attorney Who Is a Specialist?

You only get ONE chance to go to court and win. It can be far more expensive to NOT fight a DUI case and try to deal with impediments and limitations on your future business and family plans, than the relatively minor DUI attorney cost needed to hire the best DUI lawyer in Georgia.

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 How Much Does a Criminal Lawyer Cost for a DUI in Georgia?

Once a DUI arrest happens, and the accused citizen realizes that a DUI GA arrest is a potential disaster, in terms of possible punishment, loss of driving privileges and in terms of creating a LIFETIME criminal record, for drunken driving. The biggest risk for most accused citizens is underestimating the impact and repercussions a DUI conviction can have on dozens of aspects of the person's future.

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 The High Risk of Hiring a Cheap or Average DUI Attorney for Your Drunk Driving Case in Georgia

No rational human being would ever choose a surgeon for an important operation, like brain tumor removal, by asking for an average or cheap surgeon. Yet, in the DUI defense business, DUI lawyers in Georgia using jail solicitation letters and Internet marketing of "one-price-fits-all" stay busy processing guilty pleas, because members of the general public have no idea what will happen after a DUI is put on their permanent criminal history.

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 Georgia DUI Law - Search Warrant for Blood – Forcible Blood Draw after Implied Consent "DUI Refusal"

A DUI refusal, following a DUI arrest in Georgia, can trigger a police officer requesting a judicial warrant for a forcible blood draw from the person who has violated the Georgia implied consent law. This article covers how and when a search warrant for blood is constitutional.

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 Implied Consent Law in GA - How to Handle the Administrative Appeal to Save your Driver's License

A person arrested for DUI in GA who refuses to submit to breathalyzer testing will face a full twelve month hard suspension of his or her Georgia drivers license, plus possibly have to face the blood test results in the criminal trial. Out of state licensees will have no right to drive in GA for the full 12 months, plus may also face a similar driver license suspension in their home state. This is especially true if the DUI criminal case in GA is also lost.

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 How a DUI Specialist Can Win the ALS (Administrative License Suspension) Appeal in Georgia

Because this implied consent advisement is given to you after your arrest for DUI “less safe,” and you are being asked to submit to INCRIMINATORY testing, to collect evidence that is to be used in a criminal court case, this DUI GA law is “strictly construed” against the State. What that means is that the State must follow all the rules for use of this Georgia DUI law, or LOSE their breath alcohol test, blood test for alcohol or drugs, or urine test for drugs.

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 Avoiding DUI Checkpoints and Roadblocks

With over 75% of states permitting DUI checkpoints, knowing how to avoid passing through a roadblock is highly important. Also, knowing that you can record what happens on your smartphone, in some jurisdictions may help save you from being convicted of DUI-DWI

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 How to Stop Your Driver's License from Being Suspended in Georgia

Virtually 100% of all DUI arrests triggers an immediate confiscation of the driver license, under Georgia implied consent law. Whether the driver refused testing (DUI refusal) or submitted to the implied consent test (Intoxilyzer 9000), and administrative license suspension is usually initiated by the arresting officer. Can your DUI lawyer save your driving privileges?

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 How Much Does a DUI in Georgia Cost over 10 Years?

Thousands of Internet surfers look up information about a DUI conviction, for a ten year time span.

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 Consequences of a 2nd DUI under Georgia Law

Few states in America ramp up punishment for a second DUI offense like the State of Georgia.

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 Is a DUI a Felony?

Arrested for DUI? Is a DUI a Felony? Regardless of the State, DUI-DWI laws in most jurisdictions have common factors that can escalate a driving under the influence charge to a Felony DUI.

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 Exposing 18 Field Sobriety Test Myths about Reliability

Every year, over 1 million motorists in the United States are asked to perform the field sobriety tests by a law enforcement officers. Almost no citizens, except DUI lawyers who are specialists in the field of drunk driving defense, know the information posted here. All Americans need to know their rights to NOT self-incriminate.

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 Drunk Driving Accidents with Deaths Create Major Criminal Defense Challenges

Vehicular Homicide and Vehicular Feticide cases based upon Drunk Driving Accidents are both Challenging and Highly Difficult for the Criminal Defense Attorney.

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 "DUI Less Safe" Georgia - What is the "DUI Less Safe" Penalty?

A person arrested in Georgia for DUI-alcohol is initially arrested for DUI less safe. This is the most common type of DUI GA charge for driving under the influence. The arrested person is next read the Georgia implied consent law notice that puts driving privileges at risk for any refusal to be tested. However, by submitting to testing, a NEW type of DUI, per se driving above the legal alcohol limit is triggered.

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 Litigating Georgia Implied Consent Law Motions to Obtain Exclusion of Breath Test Evidence

Georgia implied consent law is outdated, flawed and incomplete. A Georgia DUI Lawyer must know how to challenge the admissibility of implied consent in pretrial motions, to help win the DUI case

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 How President Ronald Reagan helped launch DUI Defense as a Criminal Law Sub-Speciality

How Drunk Driving Defense went from relative obscurity to become a Criminal Law Specialty for Criminal Defense Attorneys in One Decade

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 From America's First Federal Drug Law to President Richard Nixon's War on Drugs

America's History of Drug Regulation from Teddy Roosevelt to Richard Nixon reveals Misguided Attempts to Prevent Marijuana Usage have resulted in Millions of Drug Arrests

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 The History of Drug Laws in America and the enactment of Driving Under the Influence (DUI) Laws

Drug laws in America were enacted in 125 years ago, as international awareness of the perils of addiction and its health and social costs. Drunk driving laws only became relevant in the late 1800s, and the first laws were enacted by New Mexico and New York in 1910. Drugged driving arrests are growing due to the proliferation of new medicines, as a percentage of all DWI-DWI arrests, but overall arrests for drunken driving are falling.

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 Key Statutes Controlling DUI Laws in Georgia: Implied Consent

Georgia has had very tough DUI laws for over half a century. In recent years, after several highly publicized boating under the influence deaths at Lake Lanier, the Georgia legislature passed more comprehensive laws for BUI cases.

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 How to Neutralize the Horizontal Gaze Nystagmus [DUI Eye Test]

Field sobriety tests were created to help police officers make better DUI arrests. Studies in 1977 and 1981, sponsored by NHTSA, posted reliability numbers for identifying DUI drivers whose BAC level was 0.10 grams % or higher. The HGN eye test was one of 3 evaluations, and had the highest accuracy claimed to be 77% accurate, in predicting a driver’s BAC level being over the legal alcohol limit. In the 1990s, NHTSA claimed that the same field tests were now 90% accurate, at predicting 0.08 gr %.

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 DUI Checkpoints in Georgia: the 15 Most Important Georgia Appellate Decisions

Georgia is one of 38 states that permits warrantless DUI checkpoints. New Georgia case law in the past 5 years has clarified the requirements of police checkpoints, and have allowed many successful challenges to having sobriety check points declared unconstitutional.

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 Drunk Driving Accidents – Impact of DUI Accident in Georgia

A drunk driving accident or drugged driving accident can be charged as either a felony DUI or a misdemeanor DUI, depending on the severity of the injuries or death of another person, resulting from the DUI. Hiring the best DUI lawyer for such cases is imperative.

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 Athens GA DUI Driver in Felony Homicide by Vehicle Case Highlights High Risk for Recreational Marijuana Users

Because marijuana use requires several days to be eliminated from the user's body, many marijuana users risk Felony Homicide by Vehicle and Felony Serious Injury charges when an accident occurs and blood tests show the mere presence of marijuana or other controlled substance (drug that requires a doctor's prescription). Hundreds of thousands of drivers whose daily recreational marijuana use creates the risk of lengthy state prisons sentences when a fatality occurs when they are driving.

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 Georgia Drivers License - DUI Suspension and How to Protect Your Administrative License Suspension Appeal

Georgia Driver License suspension after a DUI arrest in Georgia - After a DUI arrest in Georgia, the Georgia drivers license of virtually every person taken to jail is confiscated. An out-of-state drivers license can also be confiscated. This seizure of your drivers license is part of the Georgia implied consent law, and a 30-day permit is issued. Not appealing this DUI license suspension within 10 BUSINESS DAYS after arrest, triggers loss of the right to drive in GA for 12 full months.

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 How to Stop Your Georgia Drivers' License from Getting Suspended - DUI Refusal

Arrested for DUI? Is your license suspended? Your suspended license MUST be appealed. Georgia requires any Georgia DDS appeal to be filed within 10 business days, and this is a HARD deadline. For a DUI refusal, a HARD license suspension (no limited permit) will be imposed for a FULL YEAR, if your DUI lawyer can't win the administrative appeal.

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 97 Reasons to Fight a DUI charge; DUI Penalties; DUI Consequences; and Pleading Guilty = 100% Chance of Losing

For the past 30 years, an average of 1.5 million American drivers have been arrested for driving under the influence of alcohol or DUI drugs. In the states lacking a first offender act for DUI, no pretrial diversion and where no expungement of a DUI conviction is possible, fewer than 15% of all accused drivers avoid conviction. Three key factors determine who that 15% will be: (1) a defeatist attitude of the client (2) hiring the wrong lawyer and (3) lack of full information on DUI consequences.

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 How to Beat a DUI - Forty One Year DUI Defense Veteran Reveals How Drivers Can Avoid a DUI

Veteran DUI Defense Lawyer William C. "Bubba" Head shares the benefit of reviewing over 10,000 video tapes, and have tried scores of DUI cases. These eleven tips would be good to share with anyone who occasionally has a drink and later driver a vehicle of any type. This article has been modified for ALL drivers, from the original Georgia version.

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 How to Beat a DUI

These eleven tips would be good to share with anyone who occasionally has a drink and later drives a vehicle of any type.

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 Atlanta Municipal Court – Georgia’s Busiest Municipal Court – Atlanta Traffic Court

No criminal court in Georgia processes more traffic ticket cases than the Atlanta Municipal Court. Atlanta DUI lawyer William C. Head explains how the court quickly moves its misdemeanor criminal cases and traffic tickets (including thousands of DUI cases) through the Atlanta traffic court. City of Atlanta misdemeanor arrests start in the Municipal Court of Atlanta, including drunk driving.

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 Using a DUI Expert Witness to Defend Impaired Driving Cases

The questionable "science" behind field sobriety test evidence collected by police from unsuspecting citizens detained for suspected driving while intoxicated offenses must be met with a DUI expert witness in the defense phase of the case, to have the best opportunity to educate the jury about these bogus evaluations. Similarly, a breath alcohol test is never used by medical doctors, and police breathalyzers have known precision limitations and maintenance accountability crime lab records.

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 US Supreme Court Rejects Implied Consent Blood Test In States That Criminalize DUI Refusal

In Birchfield v. North Dakota, the US Supreme Court addressed the constitutionality of state implied consent laws that criminalize a person's refusal to submit to a forensic test (i.e., blood, breath), for impaired driving charges. About a dozen states have enacted Draconian DUI-DWI laws proscribing refusal to submit, in an effort to obtain compliance with implied consent law tests following a drunk driving arrest, or go to jail or prison for non-compliance. The case was decided June 23, 2016.

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Videos Provided by William C. Head, PC

Finding errors in Intoxilyzer 9000 histograms (graphs)

To beat a DUI case with a breath test in Georgia, the DUI lawyer needs to KNOW how to challenge the breath alcohol test, and which expert witness to use to win the DUI case.

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William C. Head
Atlanta DUI Attorney
404-567-5515

Six Ways a DUI can be a DUI felony - Misdemeanor vs Felony DUI - Atlanta DUI Lawyer Answers

Felony DUI-Felony or misdemeanor-DUI Felony-DUI Penalties-DUI Records-DUI lawyer Atlanta

Atlanta DUI Lawyer William C. “Bubba” Head lists the top 6 ways a DUI DWI OUI OWI becomes a felony offense. In virtually every states, a DUI will become a felony if you have a sufficient number of prior drink driving or drugged driving convictions. Each state differs in the NUMBER or priors and the "lookback" period within which this must occur. Some states, like Michigan have a lifetime lookback, period for any 3 OWI convictions. Other states use a fixed number of years, like Georgia that says that 4 DUIs within a 10-year period is the "number."

Felony DUI Felony or misdemeanor Felony DUI Penalties DUI Felony Lookback Period

Contact Mr. Head at 1-888-384-4323 for your case, or a referral to an experienced, capable DUI lawyer in your State.

DUI Felony Enhancements Felony DUI Felony or misdemeanor DUI Penalties Misdemeanor or Felony

OUI Felony Enhancements Felony OUI Felony vs misdemeanor OUI Penalties Misdemeanor or Felony OUI

OWI Felony Enhancements Felony OWI Felony vs misdemeanor OWI Penalties Misdemeanor or Felony OWI

You can also have a felony DUI if other contraband is found during the inventory search. If a child is in the car and you are arrested for DUI, this could also cause your DUI charge to become a felony. These are only the six most common examples of how the severity of the crime and the related penalties of a felony DUI may occur.

If you are facing a FELONY DUI offense, you need to hire a veteran Atlanta DUI Attorney. You need a Georgia DUI defense lawyer with experience and tenacity.

GA DUI Lawyer and Drunk Driving Book Author Bubba Head of Atlanta explains the six most common DUI-related felonies. While impaired driving charges in Georgia are serious, a felony DUI can carry a sentence from 1 to 20 years, depending on the severity of the offense. However, do not assume that merely being arrested for DUI means that you will be convicted of the DUI charges or the felony.
When charged with a felony DUI-DWI, it is important to remember that winning at trial depends how the case in investigated and how your criminal case is fully investigated. The prosecutor must be able to prove beyond a reasonable doubt every offense charged, including any DUI-felony offenses. Some cases depend on your "impairment" from too much alcohol or from taking too many drugs, but Georgia law does recognize that you can also be convicted by being over the legal limit and that this condition led to a death or serious bodily injury. You can hire a local DUI specialist attorney for your felony DUI case, including Atlanta DUI lawyer William C. (Bubba) Head, for Georgia cases.
Every person arrested for felony DUI in Georgia is entitled to a lawyer. If you are unemployed or financially unable to pay your legal counsel, all courts in GA will appoint a public defender, especially for a felony case. If you are gainfully employed and your business, your family, your reputation and your future job prospects will be impacted by a DUI-felony conviction, you should hire the best criminal defense lawyer with extensive experience in such cases that you can find.
DUI laws (and the associated felonies relating to an impaired driving case with serious injury or death) are very different across America. Each state legislates its own DUI-DWI-OWI-OUI laws. You need a lawyer who is a true expert in fighting DUI charges. He or she must know the laws, and know your court and the personnel at the court. As with medical issues, when a top surgeon is needed, you need an attorney who specializes in DUI cases, and who specializes in those case that must be tried by a jury at court. You need to hire a lawyer who spends virtually 100% of his or her time litigating complex DUI cases.

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Is a DUI a Felony? Felony vs Misdemeanor - When is DUI a Felony?

Is a DUI a FELONY? DUI Felony Felony DUI Felony or Misdemeanor

https://youtu.be/g-KZrRhqhLs Other information on six ways a DUI can become a felony

Is a DUI a FELONY? DUI Felony Felony DUI Can A DUI Be A Felony? Felony lookback period

Is your DUI-DWI-OUI-OWI a possible FELONY? Atlanta DUI Lawyer and author of multiple DUI books, William C. "Bubba" Head available to answer your drunk driving arrest or drugged driving arrest questions.

Is DUI a FELONY in my state? A top DUI Lawyer from GA answers your questions about felony or misdemeanor DUI charges. Call Bubba Head at 404-567-5515 or 1-888-384-4323

DUI Lawyer Atlanta Bubba Head provides answers to the toughest DUI legal questions. Since July 1, 2008, certain repeat DUI offenders can face FELONY DUI charges in GA. This is a 4th or more DUI offender within a 10 year lookback period. Other states call for a LIFETIME lookback period, and the magic number can be three DUI convictions, and not 4. All states have rules that can make a normal DUI-DWI (i.e., no injury or death or HV violation) a separate felony offense. Call our toll free number, or look at our web site to find a local DUI specialist to assist you in your case.

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Blood test-Marijuana test-Blood Test for Drugs-marijuana drug test-DUI laws-PART 3

Blood test-Marijuana test-Blood Test for Drugs-marijuana drug test-Blood tests-Blood testing-DUI laws-PART 3

Welcome to Part 3 of my three part series about blood test errors and flaws and marijuana testing. This is criminal defense attorney William C. Head of Atlanta, GA.

When a person charged with any felony drug offense or misdemeanor drug crime calls our office, we are typically dealing with some type of blood test or urine test, or possibly both.

We immediately ask questions about all phases of the police encounter with our client. If the seizure and search were illegal, the entire drug possession or DUI-drugs case may be won at a pretrial suppression hearing. Most of our firm’s drug cases are for marijuana.

Although only a small percentage of cases can be thrown out on an unconstitutional search and seizure attack, we can sometimes find ways to win your case on other legal issues. For example, if the officer has pulled you over for speeding, and writes up the traffic ticket and delivers the citation to you, he or she cannot detain you any longer without reasonable, objective cause to believe that a crime of some sort is being committed.

Never start answering other questions about where you are going, where you have been or questions about having used drugs or alcohol. Simply ask to be on your way. Nothing else needs to be discussed. If the officer escalates the encounter, ask “Am I being detained?” and then ask to be allowed to leave. NEVER attempt the VOLUNTARY field sobriety tests. All roadside evaluations and handheld breath tests BEFORE cuffs are put on you are OPTIONAL and not required.

Officers today are taught to ask a driver questions that seem innocuous such as “Are you taking any medications?” If you answer this question, then you may be on your way to jail. All that is required of you beyond proving your legal right to be driving that vehicle (registration, insurance proof, etc.) is NAME and CURRENT ADDRESS. No more questions are legally required to be answered by you. NONE. If stopped at a DUI checkpoint, give your NAME & ADDRESS only.

Never give permission to search your vehicle, your wallet or purse or your clothing. An officer’s HUNCH will not authorize any additional search, but criminal cases across America have established that IF YOU CONSENT, you are probably screwed. Don’t let the threat of bringing in a drug dog scare you into not remaining silent. If the officer says he or she smells marijuana, do not admit anything. Do not give permission to search. Any additional delay waiting for the dog to arrive and the suspicionless detention of your vehicle may very well end this illegal search with a case dismissal.

If you are being investigated for DUI-drugs, remember that refusal to submit to the requested blood, breath or urine testing AFTER arrest may result in both loss of all driving privileges in some states, but can also result in jail time merely for refusing. Hawaii recently passed such a law requiring 30 days in jail for an implied consent refusal.

I hope that this three part presentation has made you a more educated and informed citizen. Be polite—but be SILENT. What you say CAN and WILL send you to state prison, if convicted of felony drug offenses or homicide by vehicle from DUI marijuana or other drugs.


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To locate the closest criminal defense lawyer to your DWI checkpoint / DUI checkpoint court case for a DUI lawyer or other type of felony or misdemeanor criminal defense case, call our toll free number: 1-888-384-4323

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404-567-5515
5 Concourse Parkway
Suite 2340
Atlanta, GA 30328
1-888-384-4323 or 404-567-5515

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Blood test-Marijuana test-Blood Test for Drugs-marijuana drug test-DUI laws-PART 2

Welcome to Part 2 of my three part series about blood test errors and flaws. This is criminal defense lawyer William C. Head of Atlanta, GA. Crime laboratory errors can happen with blood testing in any state crime lab or even with a private contractor that obtains a large part of its business from government contracts. These blood testing omissions, flaws or errors aren't easy to uncover or identify. A criminal defense lawyer who has undergone training in extensive forensic laboratory blood testing and urine testing courses will know where to look and how to assess the state’s marijuana evidence against you. This testing is usually done by GC-MS devices on biological samples. Other testing methods are used to analyze plant material, if you are charged with marijuana possession or possession with intent to distribute. The same investigation and legal demand for production of all paperwork from the crime lab on a blood test or a urine test can help find flaws in ANY DUI-drugs sample, whether for marijuana, cocaine, molly, or heroin

Mix-ups in marijuana blood test samples can occur due to human error or machine error. These may occur at any point in the extraction, inversion, labeling, packaging, sealing, refrigeration and preparation for analysis stages of the blood testing process. Your criminal defense lawyer must demand proof of compliance with established lab protocols and proper scientific methods from the blood test being collected through the laboratory testing and reporting phases. Inside the lab, mix-ups can happen between blood vials (blood tubes) or urine containers, during pipetting of a portion of the blood sample or urine sample, by way of placing samples out of order or not in sequence for the GC vials. Error can even occur between reported marijuana test results from different test subjects. In each marijuana drug test case, the bottom line is that reported results are sometimes switched or misreported.

Since standard operating procedure for virtually all laboratories is to conduct replicate blood testing on two blood test vials, your DUI lawyer or drug attorney can obtain court permission for retesting the blood or the urine by way of over a dozen different tests, depending on the facts of your case. Each lab has its own rules for storage and destruction, so you may have to act quickly. Your blood or your urine should be in its sealed container with a bar code or a label with your name and other tracking information clearly displayed.

In rare cases, your criminal defense attorney may suggest utilizing DNA testing to verify that the blood testing results are really YOUR results. The lab could have mixed up your vial or your urine cup with someone else's. To identify such a mix-up, you could be asked to allow a buccal swab of saliva to be collected from your mouth under supervised observation, sealed in a tamper-proof package and then sent out by overnight delivery to a qualified DNA testing location.

In Part 3, we discuss legal aspects of being charged with DUI-drugs, possession of marijuana or similar felony or misdemeanor crimes.
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404-567-5515
5 Concourse Parkway
Suite 2340
Atlanta, GA 30328
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DUI marijuana-Marijuana test-Blood Test for Drugs-marijuana drug test-DUI laws-PART 1

Blood tests-Blood testing-Urine test-Urine testing-DWI law-DUI laws-test for drugs

This is part 1 of a three part explanation of marijuana test evidence written by Atlanta criminal defense lawyer William C. Head. Although some states have legalized medical marijuana (legal weed), most states have not. Even in states where marijuana for medical purposes is legal, legalization does not allow a user with a prescription for Pot to drive in violation of state DWI-DUI laws. Any DUI lawyer in a marijuana possession or DUI drugs case will tell you that this is a trap for unwary medical marijuana users who use marijuana daily as well as tens of millions of drivers in states without a legalized marijuana law who use marijuana like other use Xanax or other prescribed pharmaceutical for anxiety or stress. Because our drug possession and medical drug marijuana laws are written by conservative, anti-drugs state legislators who often choose to ignore scientific research on the medicinal benefits of marijuana products, legal provisions that criminalize driving while having a negligible, non-psychoactive trace of the metabolites of the parent marijuana drug in your system can lead to DUI-DWI charges for drugged driving. So, don’t think that you won’t be investigated, read implied consent, arrested for DUI-DWI drugs and taken for a blood or urine test, or both. A criminal defense attorney who is a trained DWI-DUI attorney in your state is your best bet to win your drugged driving case.

The various states are not uniform in their DUI drugs statutes, testing threshold rules or their regulations establishing a cut-off level for THC concentration, when it comes to marijuana tests. If suspected of DUI-drugs, you will be asked to take a blood test for drugs. This marijuana test usually includes analysis on an auto sampler of a broad range of 6 to 8 drug categories, including cannabis. The marijuana test being assayed is just ONE type of drug that may be later verified on a forensic blood testing GC-MS device. In addition to blood testing, marijuana can also be detected and measured in a urine test for marijuana using similar gas chromatography-mass spectrometry device after the urine test is first screened by immunoassay.

If an immunoassay preliminary screening “reports out” as positive in your marijuana drug test, the next part of the drug testing is the confirmatory test, which seeks to quantify the active drug or the inert metabolites (burn off products) that reveal either recent use or recent exposure to marijuana.

When arrested for DUI-drugs, a DUI lawyer's client typically asks us HOW LONG DO DRUGS stay in your system? The answer is not simple: IT DEPENDS. Factors like how recent was the weed smoked, what quantity was smoked or ingested, the potency of what was ingested or smoked are all important. Is this stoned driving or is it an illegal arrest? Unlike alcohol which is water-soluble, marijuana is not able to be cleaned out of your system by your liver as quickly. The liver sends the marijuana to your fatty tissues to be stored there and slowly leeched out of your bloodstream over time for elimination out of the body, until it is all gone. Part 2 of this three part presentation further explores this topic.

Criminal Defense Attorney: http://youtu.be/pvGykT7qt_E
Criminal Defense Lawyer: http://youtu.be/7pY3hSuQ8vc
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William C. Head, Founder
404-567-5515
5 Concourse Parkway
Suite 2340
Atlanta, GA 30328
1-888-384-4323 or 404-567-5515

Criminal Lawyer - http://youtu.be/RTPcxK7Rbpw
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Criminal Defense - http://youtu.be/selZ9WrD7ac

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Horizontal Gaze Nystagmus Test - HGN - NHTSA horizontal gaze eye movement test

The Horizontal Gaze Nystagmus Test - the NHTSA horizontal gaze eye movement test

Field sobriety tests DO NOT prove or disprove sobriety. Field sobriety tests also do not prove driving impairment. Always REFUSE this roadside testing by police at a DUI checkpoint. The walk and turn, horizontal gaze nystagmus (HGN) evaluation (the eye test), and the one leg stand (OLS) evaluation are all optional, voluntary, and should never be attempted by you at the roadside, in an effort to avoid an arrest for DUI-DWI. No loss of driving privilege accompanies refusing to take these non-scientific tests. These evaluations are not done by police officers correctly, even in this training video used in Georgia, and are subjectively graded. To learn the facts about field sobriety tests, CALL an experienced DUI attorney NOW at 1-888-384-4323.

Field Sobriety Tests - How to Perform Field Sobriety Tests - Passing Field Sobriety Tests

http://www.drunkdrivingdefense.com/police-evidence/field-sobriety-tests/

Every prospective client that interviews with a TEAMDUI.com affiliate receives a FREE COPY of Mr. Head’s 430 page book for citizens accused of DUI-DWI-OUI-OWI. This is a $99 book, which Mr. Head sells online: http://www.theduibook.com/buyduibookonline.html

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See Mr. Head's list of 97 common Consequences of a DUI: http://www.dui.tv/97consequencesofaduiconviction.pdf

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Georgia DUI Lawyer RELATED videos form TEAMDUI.com:
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DUI Checkpoint Are DUI Checkpoints Legal? Avoid Police Checkpoints Sobriety Checkpoints in GA

DUI Checkpoint Are DUI Checkpoints Legal? Avoid Police Checkpoints Sobriety Checkpoints in GA

If you drive at night, you have likely come across a DUI check point [DWI check point]. Atlanta DUI lawyer William "Bubba" Head answers these questions about DUI Checkpoints [DWI checkpoints].

We fight roadblocks by knowing the search & seizure constitutional laws and state DUI laws, and thoroughly investigating and challenge the Prosecution's criminal case evidence, such as breathalyzer test results or your alleged REFUSAL to be tested.

Arrests are made at these sobriety checkpoint locations for misdemeanor DUI cases and felony DUI cases. Atlanta DUI attorney Bubba Head, has fought these checkpoint cases [GA DUI roadblocks] hundreds of times. If you are out on holiday, expect to find checkpoints near me.

Talk to criminal defense lawyer professionals averaging 20+ years of criminal defense attorney experience. DUI checkpoints are set up all across America. Let our criminal defense attorneys review your DUI road block case.

Some actions by police at police checkpoints is illegal and not based on facts or reality. Watch this sobriety checkpoint video to watch such conduct occur: https://youtu.be/aLzNCfAj3x0 .

More on Georgia DUI Checkpoints: http://youtu.be/CEPRSKNrwQU
To find checkpoints near me, use the WAZE checkpoint app.

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Criminal Defense Lawyer: http://youtu.be/7pY3hSuQ8vc
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To locate the closest criminal defense lawyer to your DWI checkpoint / DUI checkpoint court case for a DUI lawyer or other type of felony or misdemeanor criminal defense case, call our toll free number: 1-888-384-4323

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William C. Head, Founder
404-567-5515
5 Concourse Parkway
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Atlanta, GA 30328
1-888-384-4323 or 404-567-5515

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Even SOBER people have difficulty with field sobriety tests

https://plus.google.com/+WilliamCHead/posts/1J7qVsVTiEX

DUI Lawyer Bubba Head, DUI attorney Atlanta, put Radio Talk Show host through field sbriety tests. Former DUI task force cop, Tony Corroto, gives the instructions for Adam Goldfien to attempt the test.

More information here: http://www.bubbahead.com/georgiajuryacquitsclientofallthreecharges.html

William C. Head
Atlanta DUI Lawyer
5 Concourse Parkway
Suite 2340
Atlanta, GA 30328
404-567-5515
1-888-DUI-HEAD [1-888-384-4323]


When a driver is pulled over or stopped in Georgia at a license check (road block) and arrested for a GA DUI DWI based on alleged alcohol consumption, virtually all officers will ask the driver to step out of the car and perform "field sobriety tests" or FSTs. What you were NOT told: In Georgia, ALL field sobriety tests are OPTIONAL and VOLUNTARY.

Every experienced criminal defense attorney in GA who fights cases at trial will not only KNOW this fact, but will know which field sobriety expert to bring to trial to refute this "junk science.The National Highway Transportation Safety Administration (NHTSA) developed three Standardized field sobriety tests (Horizontal Gaze Nystagmus, the Nine Step Walk & Turn, and the One Leg Stand) to help officers determine whether a DUI suspect's blood alcohol content exceeds .08 percent.

Your federal government used a lot of tax money in the early 1970s and early 1980s to pay for several so-called "studies." The stated purpose as to determine the best roadside agility exercises that ought to be given to suspected drunk driver. In reality, IMPAIRMENT cannot be determined by roadside agility exercises. The federal money went to the SAME company for two decades. Contracts were not put out for BIDS of REPs, but were GIVEN to only one company. This vendor was predetermined to have the "right" researchers to come up with what police needed: something that LOOKED scientific. The result was a set of BOGUS roadside "evaluations" that are not scientific tests, but which typically make an accused drunk driver LOOK intoxicated on videotape. Then, without providing any reports of all data collected in these government-paid studies and with no submission if findings to PEER REVIEWED JOURNALS, so that the method and conclusions could be reviewed, NHTSA "printed up" the first "training" manual in 1984, to be used to train DUI cops across the USA. Officers were falsely told that these were ACCURATE and RELIABLE, in predicting who was above the legal limt -- which was 0.10 at that time, in most jurisdictions.
Magically, in 2013, the NHTSA (National Highway Traffic Safety Administration) and the IACP (International Association of Chiefs of Police) updated the SFST manual once more. In this revised manual, the proponents of field tests abandoned REQUIRING officers to adhere to standardization requirements. So, these "exercises" are no LONGER "standardized" field sobriety tests. The simple purpose of this alteration was to PERMIT ALL SFST EVALUATIONS to be admitted in court, in front of a jury, so that more bogus DUI convictions can be obtained by prosecutors. This modification, which gutted the CLAIMED uniformity of administering the tests, was a CONCESSION to lack of scientific reliability, since the "tests" are not really tests at all. These field "tests" are only "exercises", if anything at all. Or, they might be "roadside agility evaluations." Two things they are not: SCIENTIFIC nor do they PROVE IMPAIRMENT by alcohol.
A skilled DUI defense attorney, by bringing in an EXPERT in evaluating "testing and measurement", or a physician) can decimate the reliability and precision of these evaluations.
All other prior versions of the manual --- all the way back to 1984 --- included the ESSENTIAL language, of standardization, which is:

IT IS NECESSARY TO EMPHASIZE THIS VALIDATION APPLIES ONLY WHEN THE TESTS ARE ADMINISTERED IN THE PRESCRIBED, STANDARDIZED MANNER THE STANDARDIZED CLUES ARE USED TO ASSESS THE SUSPECT'S PERFORMANCE THE STANDARDIZED CRITERIA ARE EMPLOYED TO INTERPRET THAT PERFORMANCE. IF ANY ONE OF THE STANDARDIZED FIELD SOBRIETY TEST ELEMENTS IS CHANGED, THE VALIDITY IS COMPROMISED.

Here is your WARNING from William Head, 40 year veteran of fighting these cases: NEVER attempt any roadside evaluations. 100% of these are optional and voluntary. These tests are DESIGNED to FAIL. Often, the bogus valuations can be the primary evidence that convicts you, and yet these evaluations are NOT SCIENTIFIC.

In October of 2015, NHTSA hurriedly corrected the 2013 manual, which officer complained about omitting, and DUI lawyers castigated DUI task force officers by pointing out that all standardization had been REMOVED. NHTSA, perpetrating more fraud, changed the print from ALL BOLD and ALL CPS, to regular typeface, and changed the next-to-last word from "IS" to "may be." So, the tests are STILL not standardized, because these weasel words removed the obligation of strict compliance.

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Horizontal Gaze Nystagmus-Eye Test-DUI arrest-HGN Test-Georgia DUI lawyer

Horizontal Gaze Nystagmus-Eye Test-DUI arrest-HGN Test-Georgia DUI lawyer
By: William C. Head, Atlanta DUI Lawyer

For a professional case evaluation, call Mr. Head at 404-567-5515 or 1-888-384-4323
Website: http://www.bubbahead.com/beatingthegeorgiafieldsobrietytests.html

Law enforcement officers across the USA are trained to perform an eye test in DUI suspects [including the HGN or the "horizontal gaze nystagmus test"] as part of the NHTSA Standardized Field Sobriety Tests. Nystagmus is a medical term for the involuntary jerking of the eye that CAN be caused by central nervous system depressants. However, gaze nystagmus or saccadic movements in the eye can be caused by over 40 other sources.

DUI police officers take a three day training class designed to teach them how to make better arrest decisions. The nystagmus evaluation is part of a three test battery of evaluations. The nystagmus testing consists of both horizontal gaze nystagmus and vertical gaze nystagmus. To see an example of vertical gaze nystagmus, watch this YouTube video: https://www.youtube.com/watch?v=EkKT_VI1Dwg

Proper police training requires Standardized Field Sobriety Test subjects to be dosed with a quantity of alcohol by the instructors. The law enforcement instructor uses an alcohol quantification instrument to get the test subject’s blood alcohol level or breath alcohol content, but does not disclose this information until all students have tried to guess whether they would arrest the person or not, based on field evaluations.

The National Highway Transportation Safety Administration (NHTSA) publishes a manual with the three Standardized field sobriety tests [the Horizontal Gaze Nystagmus or HGN, the Nine Step Walk and Turn (WAT), and the One Leg Stand (OLS)] to help cops determine whether a DUI-DWI-OUI-OWI suspect has blood alcohol content that may be over the legal limit (0.08 grams per cent for all adult drivers who are not operating a commercial motor vehicle.)

Law enforcement officers are trained to administer the so-called Standardized Field Sobriety Tests on people detained after being suspected of DUI-DWI-OUI-OWI. The practitioner class is three days in length, which means 20 to 24 hours of instruction and practical exercises. Proper training requires SFST subjects to be dosed with some amount of alcohol by the instructors, before a student attempts to properly identify what is nystagmus and what is not nystagmus.

The National Highway Traffic Safety Administration (NHTSA) prints manuals explaining the three Standardized field sobriety tests [the Horizontal Gaze Nystagmus or HGN, the Nine Step Walk and Turn (WAT), and the One Leg Stand (OLS)]. This manual is required for every practitioner student. By keeping the manual, it can be referred to in order to help cops reliably determine who to arrest and who to not arrest. The purpose of devising these tests was to determine if it is likely that a DUI-DWI-OUI-OWI suspect was too drunk to drive, based upon the cues or clues from the evaluation.

Intoxilyzer 9000 - CMI Inc - Breath Alcohol Test - Georgia breathalyzer

DUI expert on breath alcohol test in Georgia explains the histograms of the Intoxilyzer 9000, the only approved type of evidential breath test in GA.

https://plus.google.com/+WilliamCHead/posts/ehc1rEqNCUW

CMI Intoxilyzer 9000 breath alcohol test-Georgia breathalyzer-The only GBI-approved breathalyzer test used in GA-Atlanta DUI Lawyer

Call us 24/7 at 1-888-384-4323, and ask for Bubba Head, if you are charged with driving under the influence.
http://www.bubbahead.com/breathalyzeraccuracyasaduidefense.html

If your GA DUI has a breath alcohol test, then it will be from an Intoxilyzer 9000 device. It is the only device currently approved by the GBI for use in obtaining an evidential breath test. Don't get convicted of driving under the influence because you chose the wrong lawyer.

Go to this page to read Mr. Head's discussion on Beating the Georgia Breathalyzer 9000 in georgia.
http://www.bubbahead.com/beatingthegeorgiabreathtest.html

DUI Checkpoints

DUI Checkpoints – Are these Legal? If so, how can my DUI Attorney Beat the DUI Checkpoint Arrest following my Detention at a Roadblock?
https://plus.google.com/+WilliamCHead/posts/J5nTHrBygYM
Written by William C. Head, Atlanta DUI Lawyer
http://www.bubbahead.com/georgiaduicheckpoints.html
1-888-384-4323 [1-888-DUI-HEAD]

DUI checkpoints (or sobriety check points or safety checkpoints) are presumptively UNCONSITUTIONAL unless the members of the police agency setting it up have crossed every “T” and dotted every “i”. Because a seizure occurs by law enforcement officers using blue lights (or red lights, in some states, to force you to stop) occurs when your driving is interrupted without any probable cause to believe that you have committed a crime, you always need to find a DUI lawyer skilled in challenging roadblocks. At a DWI checkpoint, drivers are necessarily stopped with no reasonable suspicion, as our laws describe it.
Additionally, the officers at these DUI roadblocks are trained to get you to talk. Once they do (upon getting an admission to drinking or using ANY type of drugs), the officers will be requesting (demanding) some sort of roadside sobriety evaluations from you. These are 100% voluntary --- NEVER take these and never talk to police officers. All that you are REQUIRED to do is to produce your license and verify your address. If you ignore this advice, you be given several non-scientific evaluations or “tests” and you will then be arrested based on this bogus foundation for the officer establishing probable cause to believe that you were too impaired to drive safely.
Law enforcement personnel have a long list of mandatory prerequisites to be PROVEN BY THEM, in order to have the random roadblock pass legal muster. The legally valid DUI checkpoints in most states (where not prohibited by State laws) are typically set up on non-Interstate highways and are supposed to be in a “safe” location, so that traffic safety issues are not created, such as being in a sharp curve in the roadway, without adequate visibility ahead.
Currently, thirty-eight states and the District of Columbia utilize sobriety checkpoints as part of their comprehensive drunk driving (DUI-DWI-OWI-OUI) deterrence programs. The states that have laws in place that do not permit DUI checkpoints are: Alaska, Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington and West Virginia. Montana allows “safety checks” (seeing if the person is licensed and all passengers are wearing safety belts) which can sometimes turn into a DUI-DWI arrest, if symptoms or smells commonly associated with a drunk driver are observed.
States with no written laws (like Alaska) permitting road block stops do not conduct checkpoints. In other jurisdictions (like Texas, Michigan and Oregon), the appellate courts have ruled that sobriety DWI –DUI check points are illegal, based on each state’s interpretation of either their state constitution or the federal Constitution.
For the OTHER states that have upheld warrantless stops of motorists at DUI checkpoints, the necessity arrested motorists for having the most skilled criminal defense attorney in your drunken driving case is paramount. In these “roadblock” states, your DWI-DUI attorney will seek a pre-trial hearing to determine whether all FEDERAL and STATE laws have been complied with before these road blocks are implemented.

By way of example, two recent decisions from the Georgia Supreme Court’s show how high the required PROOF of compliance with the Fourth Amendment is, in order for the Government to win at a pre-trial motion to suppress hearing. In Brown v. State, 293 Ga. 787 (2013) & Williams v. State, 293 Ga. 883 (2013), the high court in GA ruled that the State bears the FULL burden of proving the following seven (7) elements (prerequisites) in order for a DUI checkpoint to be constitutionally permissible:
1. The roadblock was implemented pursuant to a checkpoint program that has, when viewed at the programmatic level, an appropriate primary purpose other than “general crime control;”
2. The decision to implement the specific roadblock in question was made by a supervisor in advance, and not by an officer in the field;
3. All vehicles that passed through the roadblock were stopped, rather than random vehicle stops;
4. The delay to motorists at the checkpoint was minimal;
5. The roadblock was well-identified as a police checkpoint;
6. The screening officers staffing the road block possessed sufficient training and experience to qualify them to make an initial determination as to which motorists should be subjected to (asked to perform) field sobriety testing; and
7. Under the totality of the circumstances, was the stop of the defendant’s vehicle reasonable under the 4th Amendment to the United States Constitution.




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