Georgia DUI Defenses
Some people think fighting a Georgia driving under the influence charge is futile, believing that being arrested means they will undoubtedly be found guilty in court. However, mistakes can be made during the process of a DUI arrest. Whether you feel your civil liberties were violated or the tests used to determine your level of intoxication were flawed, you should speak with a skilled defense lawyer to learn about the possible Georgia DUI defenses that can be used to help your case.
The burden of proof rests on the prosecution in a case, which means the prosecution must prove beyond a reasonable doubt that you are guilty of intoxicated driving. If your DUI lawyer can challenge the prosecution’s evidence or introduce evidence favorable to your defense, your chances of acquittal or dismissal are increased.
A possible Georgia DUI defense may involve your initial traffic stop and drunk-driving arrest. To protect your rights against illegal search and seizure, officers must have probable cause before pulling you over for drunk driving. If you are pulled over without probable cause, the evidence obtained during your stop may be inadmissible, leading to the dismissal of your drunk-driving charges. The same goes for the arrest—unless there was probable cause to detain you, the arrest may be deemed illegal and your case could be thrown out.
Your lawyer can also look at the results of your field sobriety and/or breathalyzer tests to determine if there are any inaccuracies that could have led to your drunk-driving charges. The field sobriety tests may have been administered or scored unfairly or the breathalyzer machine may not have been calibrated or maintained according to manufacturer specification. Your lawyer may use these mistakes as a defense to refute your results.
Driving under the influence defense is a very complex field of law, involving a great deal of science and medicine. That is why, when looking for an attorney, you should find someone who has the experience and training necessary to defend you against a drunk-driving charge. Your lawyer will look at all of the Georgia DUI defenses to select the strategy best suited for your case.
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