Strategic legal representation requires being agile. When it comes to DUI cases, being proactive and employing various strategies that could potentially help avoid conviction can include showing that law enforcement didn’t have enough probable cause to stop you; calling attention to discrepancies in police procedures; and contesting field sobriety tests or chemical test results.
1. Challenge the Reason for the Suspension
Under implied consent laws, all drivers arrested for DUI must submit to chemical testing to ascertain their Blood Alcohol Content (BAC). If an individual refuses the breath or blood test or possesses a Blood Alcohol Content of 0.08 or above upon arrest, their driver’s license will automatically be suspended.
An Atlanta DUI attorney can assist in disputing the reasons behind your suspension and request an ALS hearing with Georgia Department of Driver Services as soon as possible – you only have ten days in which to do this!
Losing your license can have devastating repercussions for work, family and independence. Experienced attorneys are equipped to fight for your right to drive so that you can continue working, providing for children and being active members in your community. In addition, they may seek alternatives to jail such as DUI diversion programs offering education and treatment over fines; and understand that an arrest for DUI will damage both professional reputations and insurance premiums.
2. Challenge the Legality of the Stop
One of the lesser-known secrets about Georgia law is that different courts may interpret identical statutes in vastly differing ways – something DUI cases illustrate perfectly.
Experienced Atlanta DUI lawyers are adept at spotting potential issues in the prosecution’s case, such as lacking reasonable suspicion to initiate the stop, errors in breathalyzer calibration and chain of custody issues, as well as false positive test results caused by diabetes or gastroesophageal reflux disease (GERD).
An arrest for DUI will have serious repercussions in your life and career, yet having a skilled attorney on your side can reduce or dismiss charges and secure you a limited driving permit to continue working and caring for children and household duties. Furthermore, they can fight mandatory license suspensions and work towards getting them overturned; and if your license has already been suspended an Atlanta DUI lawyer can assist with filing an appeal with DDS within 30 days.
3. Challenge the Evidence
An Atlanta driver facing DUI charges can experience life-altering repercussions as a result of being pulled over for driving under the influence. Being arrested could disrupt employment, family life and social obligations. Conviction could bring significant penalties as well as increased insurance premiums.
Your Atlanta DUI lawyer is key in helping to reduce or dismiss charges of DUI. DUI cases often rely on technical evidence such as breathalyzer calibration records and dashcam footage, so taking time to collect and analyze this evidence will allow your lawyer to develop a solid defense for you against your case.
An experienced DUI Defense Lawyer can use suppression motions to challenge the evidence in your case, such as breath or blood tests. By reviewing device maintenance records and medical evidence showing certain inner ear disorders that mimic intoxication symptoms and thus alter FST results. They may also challenge its validity by showing law enforcement did not adhere to proper procedures during your traffic stop and arrest.
4. Challenge the Test Results
An experienced attorney will challenge the accuracy of breath and field sobriety test results, such as high temperatures or rain storms that negatively impacted FST performance; medical evidence showing certain inner ear disorders which mimic intoxication effects and falsely increase FST scores; or argue against blood samples being admissible into court as grounds to dispute them.
Law enforcement agents must strictly abide by specific protocols when collecting, storing and using chemical testing devices like breathalyzers. Any deviation could lead to evidence being excluded from your case.
Under Georgia DUI laws, when an officer requests a chemical test of your blood, breath, urine or other bodily substances to ascertain whether you have illegally exceeded BAC levels, refusal will result in both criminal DUI charges as well as an administrative license suspension (ALS), with reinstatement fees payable along with purchasing SR-22 insurance policies and alcohol education or treatment programs being mandated as penalties.
