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Atlanta Criminal Defense Lawyers > Blog > Criminal Defense > Can A DUI Be Reduced In Georgia?

Can A DUI Be Reduced In Georgia?


In Georgia, a felony DUI charge can result in one to five years in jail. Additionally, Georgia does not permit the expungement of DUI convictions from your record. This means that the only time you have to avoid a conviction and the penalties that come with it is after you have been charged. It’s important to do everything that you can to fight these charges and keep them off of your record, which can have serious consequences when it comes to voting, employment, and housing options, among other things. The best way to do this is by hiring an experienced Georgia criminal defense attorney.

How to Reduce DUI Charges Georgia

Most prosecutors in Georgia will be very reluctant to dismiss DUI charges, although that still may be possible if there was a violation of your constitutional or statutory rights. For instance, in cases where the police lacked probable cause to pull you over, have insufficient evidence, or made procedural errors in gathering evidence, you may have experienced a violation of your rights, which may allow for a dismissal or a reduction of the charges. This is also possible if the evidence of your DUI (usually a breathalyzer test, field sobriety test, or blood test) was handled improperly, tested in improper conditions, or if there were issues in the chain of custody. However, the far more likely path to avoiding a conviction for a felony DUI is having an attorney who fights for a reduction in your charges from a felony to a misdemeanor. If you do not have prior DUI charges, the odds are better that your lawyer can work to reduce your felony DUI charge to a misdemeanor charge for reckless driving. There are, however, criteria that must be met in order to be considered for a reduction.

DUI Reduced to Reckless Driving Georgia

If your DUI is reduced to a reckless driving charge in Georgia, there are a number of benefits. The biggest benefit is that you will avoid having a conviction for DUI on your criminal record and driving record forever, since, as noted above, DUI charges cannot be expunged (i.e. removed from your record) in Georgia. Generally, a reduction will be made possible through the negotiation of a plea bargain. Plea bargains can be presented by the prosecution and negotiated by your lawyer. You always have the final say in whether you accept or reject a plea deal. In these situations, you will likely agree to plead either guilty or no-contest to reckless driving, which will result in four points added to your license, but is not a felony. This will result in far fewer consequences for you personally and professionally.

Talk to Hawkins Spizman Trial Attorneys

Serving all of Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs, Hawkins Spizman Trial Lawyers are ready to fight for a reduction in your charges so that you can avoid a DUI conviction. Contact Hawkins Spizman Trial Lawyers today to schedule a consultation and find out how we can help you.

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