What Are the Defenses Against a DUI Charge in Georgia?

Being charged with a DUI in Georgia can be a daunting and stressful experience. The penalties for a DUI conviction can be severe, including hefty fines, a suspended license, mandatory community service, and even jail time. However, a DUI charge is not the same as a conviction, and there are several defenses available that could help you avoid these consequences. 

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Challenging the Legality of the Traffic Stop

One of the most effective defenses in a Georgia DUI case is challenging the legality of the traffic stop. Under Georgia law, law enforcement officers must have a reasonable suspicion or probable cause to stop a vehicle. This means that they cannot stop you simply because they feel like it, or because of a vague hunch. For example, if an officer pulls you over without observing a traffic violation or having a valid reason to suspect that you are driving under the influence, the stop may be deemed unlawful.

If your attorney can demonstrate that the officer did not have a legitimate reason to stop you, any evidence gathered during that stop, including field sobriety tests and breathalyzer results, may be inadmissible in court. This defense can be particularly powerful when the stop was based on faulty or subjective reasoning, such as racial profiling or an officer’s personal bias.

Challenging Field Sobriety Tests

Field sobriety tests are commonly used by law enforcement to assess a driver’s level of impairment. These tests include tasks such as walking in a straight line, standing on one leg, and following a pen with your eyes. While they may seem like a straightforward way to assess a person’s coordination, field sobriety tests are not always reliable and can be influenced by various factors.

For instance, the tests may not be conducted properly. Officers are required to follow specific guidelines when administering these tests, and any deviation from the proper procedure can make the results questionable. Additionally, certain medical conditions, such as vertigo, inner ear problems, or even anxiety, can affect a person’s ability to perform these tests accurately, even if they are not impaired. Furthermore, environmental factors such as wet or uneven ground, poor lighting, or extreme weather conditions can impair a person’s ability to perform these tasks.

An experienced DUI defense attorney can challenge the results of field sobriety tests by showing that the officer did not follow proper procedures or that the conditions were not conducive to accurate results. This defense can create doubt in the prosecution’s case, making it more difficult for them to prove that you were impaired at the time of the stop.

Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)

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Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

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Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

Challenging Breathalyzer and Blood Test Results

Breathalyzer and blood tests are two of the most common ways to measure blood alcohol concentration (BAC) in DUI cases. However, these tests are not foolproof and can be challenged in court. One of the main issues with breathalyzer tests is that they must be properly calibrated and maintained. If the breathalyzer machine is not regularly calibrated, it may produce inaccurate results. Additionally, the person administering the test must be trained and qualified to do so. If the officer was not properly trained, or if the machine was not functioning correctly, the results may be unreliable.

Blood tests, while generally more accurate than breath tests, can also be contested. Issues such as improper storage, contamination, or errors in the testing process can result in inaccurate BAC readings. For example, if the blood sample was not stored correctly or if it was contaminated with alcohol during the collection process, the results could be called into question. A skilled attorney can examine the procedures used during the testing process and argue that the results should be excluded from evidence.

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- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Medical Conditions and Medications as a Defense

Certain medical conditions or medications can mimic the symptoms of intoxication, which can be used as a defense in a DUI case. For example, individuals with diabetes may experience symptoms such as slurred speech, unsteady movements, or a strong odor on their breath due to low blood sugar levels. Similarly, certain medications, even when prescribed by a doctor, can cause drowsiness, impaired coordination, or difficulty concentrating, which may be mistaken for signs of alcohol intoxication.

If your medical condition or medications contributed to the signs of impairment, your attorney may be able to present this as a defense. A doctor’s testimony or medical records may be used to support the argument that your behavior was a result of a medical issue rather than alcohol or drug impairment. This defense can be particularly effective if the symptoms you exhibited closely resemble those typically associated with intoxication.

Improper Administration of Sobriety Tests

Another potential defense against a DUI charge is the improper administration of sobriety tests. Law enforcement officers are required to follow specific guidelines when conducting tests such as field sobriety tests or breathalyzer tests. If the officer did not follow these guidelines, the results of the tests may be unreliable and could be challenged in court.

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For example, the officer may not have explained the tests clearly or did not give you adequate time to complete them. In some cases, officers may even fail to observe the proper procedures for collecting breath or blood samples. If the officer did not follow the correct procedure, your attorney may be able to argue that the results of the tests should be excluded from evidence. This can weaken the prosecution’s case and increase your chances of a successful defense.

Rising BAC Defense

The rising BAC defense is based on the idea that a person’s blood alcohol concentration may continue to rise after they have stopped driving. This is important because if you were arrested shortly after drinking, your BAC at the time of driving may have been below the legal limit, but your BAC could have risen above the limit by the time the test was administered.

This defense can be complicated and often requires expert testimony from a forensic toxicologist or other expert in alcohol metabolism. The expert may testify that your BAC was still rising at the time of your arrest and that it had not reached its peak at the time you were driving. This defense is particularly useful if there is a significant delay between the time of the arrest and the time the BAC test was administered.

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Lack of Evidence to Prove Impairment

In some cases, there may be insufficient evidence to prove that you were impaired at the time of the arrest. For example, if a breathalyzer test shows a BAC below the legal limit, or if there are no signs of impairment, the prosecution may have difficulty proving that you were driving under the influence. In such cases, your attorney may argue that there is not enough evidence to support the DUI charge.

An experienced DUI defense attorney will review the evidence carefully and look for any inconsistencies or weaknesses in the prosecution’s case. If the evidence is not strong enough to prove impairment beyond a reasonable doubt, your attorney may be able to get the charges reduced or dismissed entirely.

A DUI charge in Georgia is a serious matter, but it is important to remember that a charge does not automatically mean a conviction. There are several legal defenses that can be used to challenge the charges, including questioning the legality of the traffic stop, challenging field sobriety tests and breathalyzer results, and presenting medical conditions or rising BAC as factors in the case.

If you are facing a DUI charge, it is essential to work with an experienced DUI defense attorney who can help you navigate the legal process and protect your rights. At Willis Law Firm, we specialize in DUI defense and have successfully helped many clients in Georgia fight DUI charges. If you are facing a DUI charge, contact Willis Law Firm today for a consultation to discuss your options and how we can help you.

To learn more about this subject click here: How DUI Cases Differ in Georgia Municipal vs. State Courts