As a DUI defense attorney in Georgia, I’ve spent years navigating the complexities of statutes, case
What Is Reading Law About?
Scalia and Garner argue that the law should be interpreted based on the ordinary meaning of its words at the time they were written. This approach, called textualism, rejects the idea that judges should dig into legislative history (like congressional debates) or guess at a law’s “purpose” to decide cases. Instead, the text itself is king. The book lays out 57 “canons of construction”—practical rules for reading statutes and constitutions—like the Ordinary Meaning Canon (words mean what they commonly meant when written) and the Fixed Meaning Canon (a law’s meaning doesn’t shift with time).
The authors also take aim at alternative methods, like purposivism or relying on legislative intent, calling them unreliable and prone to judicial overreach. For Scalia and Garner, sticking to the text ensures fairness, predictability, and respect for the democratic process.
Why Textualism Matters in DUI Appellate Practice
In Georgia DUI cases, appellate arguments often hinge on the precise wording of statutes—like O.C.G.A. § 40-6-391 (DUI law) or O.C.G.A. § 40-5-67.1 (implied consent). Prosecutors and judges sometimes stretch these laws beyond their plain language, especially when evidence is shaky or procedures weren’t followed. That’s where textualism becomes a powerful tool for defense attorneys like me.
Take the implied consent statute, for example. It requires officers to read a specific warning to drivers before requesting a breath or blood test. The text is clear about what must be said and when. If an officer deviates from that script—or if the state argues the “spirit” of the law was met despite sloppy execution—a textualist approach demands strict adherence to the statute’s words. No wiggle room, no creative reinterpretation. If the text wasn’t followed, the test results can be suppressed, potentially dismantling the prosecution’s case.
Another example is the DUI statute itself, which defines driving under the influence in specific terms (e.g., “less safe” or a BAC of 0.08 or higher). Prosecutors might push a broader reading to convict based on vague evidence of impairment, but textualism keeps the focus on what the law actually says—not what the state wishes it said. This can be a game-changer in appeals, where I’m challenging a trial court’s overreach or misapplication of the law.
Real-World Application in Georgia Courts
Georgia’s appellate courts don’t always label themselves “textualist,” but their rulings often reflect these principles. In cases like State v. Turnquest, 305 Ga. 758, 827 SE2d 865 fn8 (2019), the Georgia Supreme Court emphasized the plain language of a Constitutional provision over speculative intent, a win for clarity and precision. For DUI appellants, this means I can argue from the text itself—say, pointing out that a field sobriety test’s State Constitutional basis is shaky or that a DUI Roadblock balancing of interests doesn’t meet a textualist analysis of the 4th Amendment or Georgia Constitutional provision XIII or Georgia’s right to privacy which includes liberty to move without governmental interference.
Textualism also guards against judicial activism. In DUI appeals, I’ve seen judges tempted to “fix” ambiguous laws by inferring what lawmakers meant rather than what they wrote. Reading Law reminds us that’s not their job—and it’s my job to hold them accountable to the text.
Why This Matters to My Clients
For anyone facing a DUI charge in Georgia, the stakes are high: license suspension, jail time, and a permanent record. Appellate practice is often their last line of defense. By applying the principles of Reading Law, I ensure that every word in the statute is scrutinized, every ambiguity is challenged, and every deviation from the text is exposed. This isn’t just legal theory—it’s a practical strategy to protect your rights.
Final Thoughts
Reading Law isn’t light reading, but its lessons are invaluable for a DUI lawyer like me. Scalia and Garner’s textualism keeps the focus where it belongs: on the law as written, not as imagined. In the unpredictable world of DUI appeals, that clarity can mean the difference between a conviction and a reversal. If you’re facing a DUI charge and need an attorney who digs into the details, give me a call. Let’s see what the text says about your case.
Contact George C. Creal, Jr. for Expert DUI Defense
If you’ve been charged with a DUI in Atlanta or elsewhere in Georgia, don’t face the legal system alone. With over 25 years of experience defending DUI cases, I have the knowledge and expertise to navigate complex issues like those raised in Dias v. State. Contact us today for a free consultation to discuss your case and learn how we can help.
George C. Creal, Jr. is a trial lawyer specializing in DUI and criminal defense in Georgia. This blog post is for informational purposes only and does not constitute legal advice.
Disclaimer
The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.