What are Some Common DUI Defense Strategies in Georgia?

You may have heard that it’s impossible to beat a DUI charge in Georgia, but that isn’t always true. If you’re facing a DUI charge, you should speak with an experienced Augusta DUI attorney as soon as possible, before you make any decisions about how to move forward with your case. 

The information below provides an overview of some common defenses to DUI charges in Florida, but it’s no substitute for personalized advice from a local DUI lawyer. You can schedule a free, no-obligation consultation with attorney J. Todd Mitchell right now by calling (706) 750-0501 or filling out our contact form. 

Fighting Georgia DUI Charges

Of course, every DUI case is different. The best defense in your case may or may not be listed here, and not every defense will apply in every case. Some common strategies your Augusta DUI lawyer may explore include: 

Challenging the Traffic Stop

In Georgia, a police officer must have probable cause to pull over your vehicle. Probable cause for a traffic stop typically involves the officer observing something like a vehicle drifting in and out of its lane, or some type of traffic infraction like running a stop sign. Of course, those aren’t the only things law enforcement may consider in determining whether they have probable cause to stop your vehicle. An experienced Augusta defense lawyer can explain in greater detail what may constitute probable cause.

If you are pulled over without reasonable articulable suspicion, your DUI attorney may be able to get any evidence obtained during the traffic stop suppressed. That means the jury wouldn’t get to hear about it. In many cases, that leaves the prosecution with no evidence to pursue the case and the DUI charge is dismissed.

Challenging the Accuracy of the BAC Test

The most important piece of evidence in most DUI cases is the chemical test result. However, chemical testing isn’t always reliable. An experienced DUI lawyer may be able to challenge breathalyzer or blood test results in a variety of ways, including: 

• Presenting evidence that the machine used in the testing wasn’t properly calibrated and is therefore unreliable
• Arguing that the officer who administered the test wasn’t properly trained or didn’t follow protocols in administering the test, and so the test result is unreliable
• Proving that the officer did not read the required implied consent notice, which could result in the BAC results being excluded
• Showing that the breathalyzer test was likely impacted by something other than intoxication, such as use of certain medications or over-the-counter products shortly before the test was administered

Be sure to tell your DUI attorney if you weren’t read the implied consent notice, if you’d been taking any medication, if you used an inhaler or mouthwash shortly before your test, if there was a significant delay between the stop and administration of the chemical test, or you’re aware of anything else that may have impacted the test. 

Challenging Field Sobriety Results and Officer Observations

This type of evidence typically plays a significant role in two types of DUI cases. The first, and most common, is when the driver has refused the blood or breath test. With no chemical test result, the prosecution will be heavily reliant on the officer’s testimony to secure a conviction. The second is when the BAC test result was lower than .08, but the state is still alleging that the driver was impaired.

However, that testimony may be challenged in several ways. Some of the most common include: 

• Questioning the officer’s training in and experience with the tests that were administered
• Raising any issues about the environment that may have impacted testing, such as an uneven surface or poor lighting that impacted the officer’s observations

Arguing that You Were Not in Physical Control of the Vehicle

Under Georgia law, a person can be charged with and convicted of DUI even if they were not actually driving. The legal standard is “physical control of a moving vehicle.” The statute doesn’t include any elaboration on exactly what that means. So, different circumstances may be treated differently – even treated differently by different courts.

Other Types of Defenses in DUI Cases

The defenses listed above are specific to DUI cases, but there are more general defense strategies that may apply in a DUI case as they would in any other type of criminal case. For example, a DUI attorney may move to suppress evidence that was gathered in violation of the driver’s Constitutional rights.

Talk to an Augusta DUI Attorney Right Away

If you’ve been charged with DUI, it’s in your best interest to talk to a local criminal lawyer as soon as possible. Missteps during and after your arrest could harm your DUI defense. And you should never make decisions based on what police or prosecutors tell you. Unlike the prosecution, your DUI defense lawyer is on your side, and will offer advice based on achieving the best possible outcome for you.

I offer free consultations to people charged with DUI and other crimes in the Augusta area. You can schedule yours right now by calling (706) 750-0501 or filling out our contact form.