Every day I am called by at least one person who had a DUI that was not properly defended or defended at all. The caller usually asks: "Is there a way to expunge or seal my DUI?" I speak to each person to make sure there isn't anything that can be done. Unfortunately, once a DUI is on your record, there isn't much that can be done. It cannot be sealed or expunged. DUI is forever.
Many of those callers are facing unnecessary punishment, including jail-time and license suspension. Admittedly, many times punishment cannot be avoided. However, even in difficult cases, many times punishment can be mitigated. So, even when a person enters a plea of guilty or is found guilty after trial, your Georgia DUI Lawyer can mitigate and in some circumstances eliminate some "required" punishments. If your case in in Atlanta, an Atlanta DUI Lawyer can help.
More importantly, many of those people who call me after the fact may not have been convicted of DUI if there case had been properly investigated and defended. Many "so called" DUI lawyers assume you are guilty before your case even stopped. You need a lawyer that will investigate your case for potential legal defenses. Those defenses can be both legal and factual defenses.
The answer is simple; yes you do. But, you need more than just a lawyer. You need a Georgia DUI Attorney willing to fight for your rights and to look for defenses. The first type of defenses are called legal defenses. Legal defenses include looking into whether the officer had an actual reason to stop you called articulable suspicion to make the stop. Or, was the roadblock properly administered in an constitutional manner.
Other legal defenses include whether there was probable cause to actually make the DUI arrest and whether the officer performed any testing on you in the proper and legal manner. They also include whether the State kept a proper chain of custody for any blood or urine evidence.
Another potential legal defense includes challenges to whether the proper implied consent warning was read and whether it was properly explained to you in the event the warning was discussed with the arresting officer. These are just some of the things your DUI Attorney will investigate. A top-rated DUI lawyer in Georgia never assumes guilt.
Other defenses are include factual defenses. Factual defenses are designed to dis-prove the State's case or show that you were in fact not guilty. Some examples of factual defenses include but are not limited to:
- You were not driving the car
- You were not actually impaired
- You didn't actually refuse the breath test
- You actually passed the field sobriety tests, or the officers instructions actually contributed to your failure.
- The breath testing machine was not working correctly or was in disrepair.
- You were not the cause of the accident
- The accident itself caused you to appear disoriented or impaired.
- The officer misjudged you as being less safe or unsafe to drive
- The officer had a bias against you due to race or some other characteristic.
- The officer was simply wrong and did not handle himself in the appropriate manner
These Georgia DUI Defenses are just some of the many factual defenses our attorney will explore in your case. An arrest does not mean you are guilty, and your case will not defend itself. Call my office today to begin your defense. We are available seven days a week, holidays, weekends, 24 hours a day. Contact us now. An Atlanta DUI Attorney is here to help everyday.