Atlanta, Georgia DUI Defenses


Atlanta, Georgia DUI Defenses
Although it may be hard to believe that there are effective defenses that can be used to fight your driving under the influence (DUI) charge, there are actually several options available depending on the circumstances of your case. For best results, hiring a lawyer experienced with Atlanta, Georgia DUI defenses is strongly advised.

Many people do not realize that the prosecution is at a disadvantage in court; after all, they must prove beyond a reasonable doubt that you committed the offense of drunk-driving. Because the burden of proof is on the prosecution, your Atlanta DUI lawyer may be able to poke holes in their case in order to win an acquittal.

Before the police can even pull you over, they must have probable cause. For example, an officer can only stop you if he or she saw you violating a law, such as running a traffic signal or speeding. In addition, probable cause must also exist before you can be arrested. If there is none, much of the evidence against you may be deemed illegal and your entire case may be thrown out.

Several elements of the DUI law must be proven in order to secure a conviction. One is that there must be proof that you were driving the vehicle. If you were involved in a vehicle accident and there were no eyewitnesses, the prosecution can have a tough time proving that you were driving under the influence.

You may have heard that you could face a driver’s license suspension if you refuse to take the breathalyzer test. While this is true, it is also important to realize that the prosecution may also use your refusal as an admission of guilt during the trial. However, before you take the breathalyzer, the police are supposed to read you the implied consent notice which details the consequences you face for refusing to take the test. If the officer failed to inform you of the penalties, your refusal could be inadmissible.

Finally, the breathalyzer and field sobriety tests themselves are not without problems. Your attorney may call on a forensic expert or toxicologist to review your results to determine if they are accurate. If not, a motion to suppress the results may be filed.

Don’t plead guilty to a DUI without knowing the possible defenses that could help your case. Schedule an appointment with Lee Webb—one of the top DUI defense lawyers in the state—for a free, no-obligation consultation and to learn more about your options.