If Your DUI Stop in Athens Georgia is Deemed Unlawful, What Kind of Evidence Will Be Thrown Out?

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A lot of people think that, just because they’ve been arrested for DUI, they’re automatically going to be convicted. While it’s a good idea to be prepared, you also don’t want to accept the fact that you’ll be found guilty. If that were the case, nobody would ever hire DUI defense lawyers in Athens. The truth is, a good lawyer will look for any holes in the prosecutor’s case to get your charges dismissed or reduced. They’ll look to see if the traffic stop was legal. They’ll also check to see if the police followed proper procedures during your arrest. If not, they’ll fight to get the case thrown out.

Another way for your Georgia DUI lawyer to defend you is to show that the police didn’t act lawfully. For example, if the police administered the field sobriety test wrong, any evidence related to the test can be thrown out. Or, if the breathalyzer test isn’t calibrated properly, your Athens DUI lawyer will demand that the evidence be ruled inadmissible. This is how a good lawyer will handle your case. It’s not just a matter of a lawyer knowing the prosecutor or having connections. It comes down to whether they can defeat the State’s case against you.

If you or your loved one have been arrested and charged with DUI in Athens, Georgia, you need to call our office right away. You have a right to a good defense. It can mean the difference between an acquittal or a severe penalty.

The Police Must Have Reasonable Suspicion to Pull You Over

One of the most important things the State needs to prove is that the cops had reasonable suspicion to stop you in the first place. To be honest, this isn’t hard to prove. All the cops have to do is provide some evidence showing that they had a feeling you were breaking the law. This could include anything from running a stop sign to having a headlight out. Most of the time, the prosecutor will be able to demonstrate reasonable suspicion.

The other question is whether the police had reasonable suspicion that you were driving under the influence. Some of the things the State may argue include the following:

  • They smelled alcohol when they approached your vehicle
  • You were swerving
  • They saw open containers of alcohol in your car when they initiated the traffic stop
  • They noticed you had bloodshot eyes

If they notice any of these things, they can claim that you were driving while intoxicated. This is what gives them the right to ask you to take a breathalyzer or perform a field sobriety test.

If the Field Sobriety Test Is Not Administered Properly Your Attorney Can Ask that the Case Be Dismissed

One way your Athens DUI defense lawyer will get your charges dismissed is by proving that the field sobriety test was not performed properly. For example, if they asked you to do things that aren’t typically performed during a field sobriety test, there could be a problem. Or, if they forced you to perform the test despite inclement weather, they may be able to ask the evidence collected during and after the test be deemed inadmissible. It all depends on the facts of your case. Each case is unique and presents its own challenges.

Contact a Seasoned DUI Defense Lawyer in Athens, Georgia Right Away

If you’re arrested for DUI in Georgia, you’re going to have to attend your first hearing within a matter of days. This is where you’ll tell the court whether you intend to plead guilty or innocent. If you go to this hearing alone, you’ll be at a disadvantage. You need to hire an experienced DUI defense lawyer in Athens to handle your case. They’ll work hard to poke holes in the State’s case. They’ll also try to negotiate a fair plea deal with the prosecutor.

There’s simply too much at stake to handle this on your own. DUI defense lawyers in Athens have decades of combined experience handling cases just like yours. They know what it takes to chop down the State’s case. They also know the law when it comes to evidence. If your DUI stop or arrest wasn’t legal, then any evidence collected during the arrest must be thrown out. This can make the difference between an acquittal or a conviction. Call our office and schedule your initial consultation as soon as possible after your arrest.