If you are facing a DUI charge in Georgia, you have every right to be concerned. After all, a DUI conviction can have a serious impact on your life. Luckily, as we discuss below, there are multiple ways to fight DUI charges in Georgia. After reviewing these common defenses to DUI charges, please contact a Georgia DUI attorney to begin planning your defense.
The most common defenses to DUI charges
The traffic stop was unlawful
In order to conduct a traffic stop, the police must have reasonable suspicion of criminal activity. A stop without reasonable suspicion is unlawful. Therefore, if you were stopped without good reason prior to your DUI arrest, your Georgia DUI attorney may be able to challenge the stop itself. If the stop was unlawful, the court must drop your charges, even if you were later found to have been intoxicated.
The defendant has a medical condition
Certain medical conditions can lead to unlawful DUI arrests. For example, some medical conditions cause people to fail field sobriety tests and appear intoxicated. Other conditions can result in failed chemical tests. Therefore, if your medical condition caused your DUI arrest, your Georgia DUI attorney can use this in your defense.
The field sobriety test results are unreliable
Field sobriety tests are intended to detect intoxication, and they require drivers to do things that require coordination, balance, and focus. However, these tests are often unreliable. There are many reasons besides intoxication that can lead to a failed field sobriety test, including:
- A driver’s age,
- A driver’s weight,
- Bad weather,
- Poor lighting, and
- Uneven pavement or ground.
The breathalyzer test results are inaccurate
Similar to field sobriety tests, breathalyzer tests aren’t always accurate, and attorneys have plenty of ways to challenge breathalyzer results in court. Breathalyzers are designed to measure the concentration of alcohol from the vapor in a driver’s lungs, but in order to do so accurately, no alcohol can be present in the person’s mouth at the time of the test. Otherwise, the test result will reflect a combination of mouth and lung alcohol, which can lead to an artificially high blood alcohol content reading. In order to avoid this result, officers are supposed to wait approximately 20 minutes before administering a breathalyzer test to a driver. If the officer fails to do so, the driver’s Georgia DUI attorney has strong grounds with which to challenge the test result.
Facing a DUI Charge? Call Us Today!
If you are facing a DUI charge in Georgia, you need to begin planning your defense as soon as possible. However, in order to give yourself the best chance at having your charge dropped or reduced, you need the assistance of an experienced Georgia DUI attorney. At Carter Pilgrim Stroud, we have a long and impressive track record of DUI defense success. Therefore, if you need DUI assistance of any kind in Georgia, please contact us as soon as possible for a consultation.