What defenses could I raise against a DUI charge in Georgia?
A DUI is a serious offense that carries the potential for mandatory prison time, significant fines, and the possibility of losing your driver’s license. Being arrested for a DUI can be a frightening experience, leading to much uncertainty and concern. The good news for anyone who is facing DUI charges is that there are several viable defenses you may be able to raise. Our experienced Atlanta DUI attorneys discuss some of the most common defenses against DUI charges in Georgia below.
Your exact defense will depend on the circumstances surrounding your DUI arrest. Some potential defenses that are commonly raised by Georgia defense attorneys include:
- Illegal Stop: Under the United States Constitution, police officers are prohibited from stopping private citizens absent reasonable suspicion. Reasonable suspicion can be defined as a specific and articulable grounds that criminal activity is afoot. In order to stop you for a DUI, the arresting officer needs to have a reasonable suspicion that a crime has occurred, which could include evidence that you were swerving or violated a traffic law. If you were stopped without reason, you may be able to challenge the stop and all evidence stemming from it.
- Medical Condition: At times, a medical condition can cause you to appear intoxicated or to fail a field sobriety test. Neurological issues, extreme fatigue, and ketosis can all lead to false arrests for DUI. Anyone who has a medical condition that they believe impacted the Breathalyzer or field sobriety test should alert their criminal defense attorney so that the evidence can be challenged.
- Improper Administration of Field Sobriety Tests: In order to be accurate and admissible, police officers must follow stringent protocol for administering field sobriety tests. Failure to abide by proper protocol can invalidate the results of the test.
- No Miranda Rights: Before a Georgia police officer can question you, he or she must read you your Miranda rights. If you are arrested and questioned without legally waving your Miranda rights, any statements that you make may be deemed inadmissible.
These are just a few of the many defenses your skilled DUI defense attorney may raise on your behalf. Contact a criminal defense lawyer as soon as possible after your arrest to get started protecting your legal rights.