Georgia DUI Laws are complex, and as I mentioned in yesterday's post - definitely not for the general practitioner. If you have been arrested for DUI in Georgia, you need a Georgia DUI Lawyer who is well-experienced and knows how to apply Georgia DUI Defenses to your case.
The absolute worst thing you can do for your case is attempt to research DUI laws, cases, and defenses thinking that you don't need the help of a Georgia DUI Attorney with your case.
As I've pointed out numerous times, you need the help of a lawyer who is not only familiar with the Georgia County where you were arrested, but also the procedures that are used in that particular jurisdiction. Georgia DUI Penalties are serious and life-altering, and you should not try to tackle them by yourself.
Today I'd like to outline the five most common ways to challenge a DUI arrest.
1. The Traffic Stop in Georgia
Georgia DUI investigations usually begin with a routine traffic stop. Sometimes a successful defense to the traffic violation itself can result in the collapse of the probable cause supporting the stop of the vehicle.
A traffic stop can be for the following reasons:
- Failure to Maintain Lane in Georgia
- Aggressive Driving in Georgia
- Speeding in Georgia
- Illegal Stopping on Roadways in Georgia
Without probable cause, the police cannot prosecute the DUI case.
2. The Field Sobriety Tests in Georgia
The strongest evidence used against someone in a DUI case is the officer's belief that you were less safe to drive. This can mean your performance on field sobriety tests in Georgia. Most people end up automatically assuming that the officer administered the field sobriety tests correctly in your case.
However, field sobriety tests are not always administered correctly and can be successfully challenged. The result will be that the judge ends up ruling that your performance on the tests cannot be used as evidence against you at trial.
3. The Breathalyzer in Georgia
The most used test is the breath test. Breath tests are the most convenient tests for officers to use in a suspected DUI situation. Georgia uses the Intoxilyzer 9000 as our primary breath testing machine.
Georgia also only calibrates the breath-testing machines four times a year. Moreover, other states calibrate their breathalyzers daily - some even recalibrate after every test. The many issues with the Intoxilyzer 9000 can be easily challenged by a skilled DUI lawyer.
4. The Implied Consent Notice
Law requires any person arrested in Georgia for DUI to submit to chemical testing of breath, blood, or urine. This is to determine the presence of alcohol or drugs.
The officer is required to request the test by reading the Georgia Implied Consent Notice before the testing commences. If the officer does not follow protocol for administering the notice, misleads or purposely confuses you in any way or induces you to submit to testing, the results may be suppressed.
5. The Officer's Observations
Arguing that the officer's observations did not show impairment is one of the best defenses to DUI in Georgia.
Probable cause must be supported by the officer's observations and interactions with the person suspected of DUI.
It is not sufficient that the officer believes that a person had been drinking and driving; the officer must have a reasonable belief that you were actually impaired and less safe to drive because you had been drinking or using drugs.