DUI in Georgia: Top 5 Defenses

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A DUI in Georgia can have severe consequences. Some adverse outcomes of a DUI conviction include losing a license, fines, or even getting imprisoned. Georgia takes drunk driving very seriously. According to the National Drunk Driving Statistics Map, there were 375 fatalities caused by Alcohol-Impaired driving in Georgia in 375.

If you are charged with a DUI, you should contact our Athens DUI lawyers right away. It’s possible to beat a DUI charge with the right defense. In this article, we look at five common DUI defenses in Georgia.

Unlawful Stop by the Police:

Police had to have a reason to stop you for a DUI. Officers may pull you over if they have a reasonable suspicion that you are driving under the influence or for a traffic violation.

The police have a valid reason to stop a driver who is driving too fast or recklessly, driving without headlights on in the night, is slow to respond to traffic signals, changing lanes too quickly, and so on. On the other hand, simply driving late at night does not give police the right to stop you.

Inaccuracy of the Breath Test:

Breathalyzers are the breath tests used to determine whether a person is intoxicated or not. This way of measuring blood alcohol levels sometimes shows inaccurate results. These machines are sensitive and require proper maintenance and calibration for reliable and accurate results.

With the assistance of forensic toxicology experts, your attorney may be able to challenge the evidence of a breath test.

Illegal Interrogations:

You have the right to remain under silence in police interrogation and get an attorney under the Fifth Amendment of the U.S. Constitution. If the police arrest you and fail to read your Miranda Rights, your DUI defense attorney can challenge the arrest.

Police are allowed to ask exploratory questions and perform field sobriety tests before arresting you. While you are required to cooperate with the police, you do not have to answer incriminating questions.

Inappropriate Field Sobriety Testing:

According to the law, police are obligated to follow protocols when conducting a field sobriety test. If they don’t follow the proper procedures, your attorney can claim the test is invalid.

Violating the Evidence Process:

Specific rules and regulations are also set regarding how police obtain, handle, store, and present evidence in court. Suppose the police do not follow these rules. In that case, your DUI defense attorney can move to have the evidence dismissed.

Some Other DUI Defenses:

Despite the DUI, as mentioned above, some other defenses can help someone accused of DUI in Georgia.

  • No Strong Evidence Found Against the Suspect:

If the police accuse the defendant of drunk driving, they need to have substantial evidence. The prosecution has to prove one of two things:

  • You were driving after consuming alcohol and/or drugs and weren’t able to drive your vehicle safely.
  • Your BAC was 0.08 or more
  • The Suspect Was Not Provided Opportunity to Contact an Attorney:

Legally, everyone is given an equal chance to prove themselves in court, no matter what criminal investigation it is. If the police violate a suspect’s right to contact an attorney, the charges can be dismissed.

Call Our Defense Lawyers to Fight a DUI in Georgia:

Lawyers at our firm are available to defend you against a DUI in Georgia. They are aggressive, confident, and experienced at their job. If you have been arrested in a DUI case or know someone going through this difficult situation, contact us today at (706) 715-5137.

Let's get started with your FREE consultation.

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