Top Ten Most Common Defenses to a Georgia DUI Case

Posted by Richard Lawson | Apr 10, 2018 | 0 Comments

Georgia DUI Laws are complicated and 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. 

Each and every DUI case is different. No lawyer or website can accurately and sufficiently advise you without ample experience and a discussion about your case and history. 

My post today is meant for interest - the worst thing you can do for your case if you've been arrested is attempt to research DUI laws, cases, and defenses thinking that you don't need the help of a lawyer with your case. Georgia DUI Laws change both rapidly and frequently. The internet has a lot of helpful information, but in regard to the law, there can be a lot of misinformation and some things are just factually false, outdated, or worse - both.

Additionally, the internet lacks context and perspective related to your specific DUI case. You need a Georgia DUI Attorney 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 you do not need to face them on your own. 

Here are ten of the most common defenses to DUI cases in Georgia:

  1. Was the Georgia DUI officer operating under a valid reason to pull you over?
  2. Did your arrest result from a roadblock, and did the Georgia officer follow procedure, including: (a) Was there a legitimate purpose such as check for licenses, not general law enforcement? (b) Was each vehicle stopped? (c) Was the roadblock properly marked? (d) Has a police supervisor approved the checkpoint? (e) Was your detention brief and for the correct legal purpose?
  3. Was the stop a ploy or were you racially profiled?
  4. Were field sobriety tests executed properly?
  5. Was the driver advised of their implied consent rights about chemical testing?
  6. Did the Georgia officer say anything inconsistent with implied consent rights?
  7. Was your vehicle searched? If so, was there probable cause to conduct the search?
  8. Did the officer have probable cause to arrest the driver for DUI?
  9. Was a breath test administered and did the machine work properly? 
  10. If a chemical test was done, was there a proper chain of custody for the blood or urine? Could the sample have been replaced with another person's sample?

As I mentioned earlier, this list is for interest only. If you or a loved one has been arrested for DUI in Georgia, contact us today. Our lawyers will walk you through every step of the way. There is no time to waste.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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Georgia DUI Defense Attorneys

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