Facing a DUI charge in Georgia can feel overwhelming, but it’s important to remember that a charge does not automatically mean a conviction. With the right legal representation and a strategic defense, it is possible to challenge the allegations against you. At Weintraub and Alper Legal, our experienced Atlanta criminal defense attorneys are skilled in identifying flaws in the prosecution’s case and building a strong defense. Below, we outline ten potential defenses to a DUI charge.
Understanding DUI Laws in Georgia
In Georgia, DUI (Driving Under the Influence) charges can arise from operating a vehicle while impaired by alcohol or drugs or having a blood alcohol concentration (BAC) of 0.08% or higher. Penalties can be severe, including fines, license suspension, and even jail time. However, every case is unique, and defenses often hinge on the specific circumstances surrounding the arrest.
Common DUI Defenses
Improper Traffic Stop
Police must have a valid reason to stop you. If the officer cannot prove reasonable suspicion for the stop, any evidence gathered may be inadmissible in court.Inaccurate Field Sobriety Tests
Field sobriety tests are subjective and prone to error. Physical conditions, weather, or uneven ground could have influenced your performance, casting doubt on their reliability.Faulty Breathalyzer Results
Breathalyzers can produce inaccurate results due to improper calibration, maintenance issues, or user error. Challenging the device’s reliability can weaken the prosecution’s case.Medical Conditions or Medications
Certain medical conditions, like acid reflux or diabetes, can lead to false positives on breath tests. Additionally, medications can mimic signs of impairment, confusing law enforcement.Violation of Your Rights
If law enforcement failed to read your Miranda rights or conducted an illegal search, this violation could lead to the suppression of key evidence.Rising BAC Defense
Your BAC could have risen between the time you were driving and when you were tested. This is especially relevant if you had recently consumed alcohol before driving.No Proof of Driving
The prosecution must prove you were driving the vehicle while impaired. If there’s no clear evidence you were operating the car at the time, this defense could apply.Dashcam or Surveillance Footage
Video evidence from police dashcams or nearby surveillance cameras could contradict the officer’s account of your behavior or condition.Challenging Blood Test Results
Errors in handling, storage, or testing of blood samples can lead to unreliable results. Our attorneys scrutinize the chain of custody for any mishandling.Witness Testimony
Testimony from witnesses who were present during the incident can challenge the prosecution’s narrative, providing an alternative perspective on events.
Why You Need an Experienced DUI Attorney
Navigating the complexities of a DUI case requires legal expertise. A skilled attorney can evaluate the details of your case, identify potential defenses, and advocate for the best possible outcome.
At Weintraub and Alper Legal, we understand how a DUI charge can impact your life. That’s why we fight tirelessly for our clients, using every legal tool available to protect their rights and future.
If you or a loved one is facing a DUI charge, don’t wait. Contact our Atlanta criminal defense team today at (404) 907-1536 for a consultation. Let us help you take the first step toward a strong defense.