What are Some Potential Defenses I can Raise to the DUI charge in Atlanta?
Many first time DUI offenders falsely believe that if they have blown over the legal limit at the scene, there is little they can do to defend against the charge. Believing there is nothing to be done, the DUI offender may feel forced to take a plea deal. Even the best plea deal will result in a permanent conviction on your criminal record, which could impact your employment and educational opportunities. Our experienced Atlanta DUI defense attorneys explore some viable potential defenses that could save you from a DUI conviction in Georgia.
Challenging the Stop
The Fourth Amendment to the United States Constitution protects Americans against unreasonable search and seizures. Per the Fourth Amendment and case law stemming from it, law enforcement officers must have specific grounds to legally stop you. An officer must either have a warrant or reasonable cause to stop you. If the stop was made without just cause or suspicion that you were driving intoxicated, then the stop could be deemed unlawful and all evidence stemming from it could be deemed inadmissible.
Questioning the Field Sobriety Test
Law enforcement officers must abide by stringent protocol when it comes to conducting a field sobriety test. Field sobriety tests can only be administered in a set manner dictated by police protocol and case laws. If a law enforcement officer does not follow protocol, then the field sobriety tests and their results could be excluded from evidence.
Lack of Miranda Warnings
If you have been arrested for a DUI, the police officer must read you what is known as your “Miranda rights.” Your Miranda rights inform you that you have the right to remain silent, the right to an attorney, and you will be provided an attorney if you cannot afford one. Any evidence the police obtain from you through questioning must be excluded if you were not properly informed of your Miranda rights.
These are just a few of the many potential defenses you could raise against a DUI charge. Contact a DUI defense attorney as soon as possible after your arrest to protect your legal rights. The sooner you seek legal assistance, the better your chance of building a strong defense against the charges you face.