The Atlanta Journal-Constitution
SPECIAL REPRINT TUESDAY, APRIL 16, 2002
Lawyers drunk with success
DUI defense practice very lucrative, but vexing to prosecutors

By BRENDEN SAGER
bsager@ajc.com

William C. "Bubba" Head is both despised and revered.

"I get hate mail every day," said Head, 51. "One [letter] we had to turn over to the FBI, it was so bad."

Nevertheless, there are perks to his job. Head, who rubs elbows with celebrities and professional athletes, can probably get free tickets to any event he cares to attend.

Like a growing number of attorneys across the country, Head owes his notoriety to successfully defending accused drunk drivers. The Sandy Springs lawyer claims to have the largest DUI defense practice in the country.

"We’ve grown pretty fast just from fighting these cases," he said.

Meanwhile, prosecutors sigh and roll their eyes at attorneys like Head.  Prosecutors say that a growing DUI defense establishment is profiting by taking advantage of the myriad technicalities particular to DUI law, which changes every legislative session. Several new provisions were considered in the legislative session that ended Friday, but they did not pass.

Coweta County Solicitor Robert Stokely, whose office prosecutes misdemeanor crimes like speeding tickets, shoplifting and DUIs, works with two other full-time attorneys in one of Georgia’s fastest growing counties.

"We’re one person away from not being able to get the job done," Stokely said. "There’s probably not a tougher case to [prosecute] in court than a DUI, there are so many technicalities."

The legal market has responded. In metro Atlanta, there are now about 15 law firms specializing in DUI defense — three times as many as there were a decade ago.

Head’s fees range from $10,000 to $20,000. (Click for editors note regarding fees).  He plans to hire up to 12 DUI lawyers at his Sandy Springs firm by the end of the year. Head also claims about a 90 percent success rate, that is, having a DUI charge dismissed, acquitted or reduced to a lesser charge — usually reckless driving.

When not at trial, Head travels the country conducting DUI defense seminars for other lawyers.

A lot rides on Head’s knowledge. A DUI conviction can lead to temporary loss of a driver’s license, revocation of professional certifications and even restrictions on international travel.  Insurance rates can increase five-fold.  Defendants are willing to lay out a great deal of money to avoid convictions.

Joseph Drolet, Atlanta’s chief solicitor, says six of his 16 lawyers handle nothing but DUI cases. That’s more than one third of the staff handling 2 percent of the total caseload. Although the number of DUI arrests in Georgia fell between 2000 and 2001 — from 51,949 to 45,824 — the rate of conviction did as well. In 2000, 65 percent of those charged with DUI were convicted.  A year later, only 56 percent were convicted, according to Georgia Mothers Against Drunk Driving.

Drolet, who also is legislative chairman for the State Organization for the Solicitors General, hears his share of complaints about DUI prosecution from his colleagues.  "DUI laws have just gotten longer and longer and longer," he said. "Every DUI case becomes a [probable cause] case.  Every year, almost, there are changes to the DUI law, and every year, there are cases that have to be litigated again."

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