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In the state of Georgia, any adult who is caught operating a vehicle with a blood alcohol content (BAC) level of .08 or higher can be charged with driving under the influence (DUI). While the law may seem fairly straightforward, many of those fighting these charges may have recourse to reduce or eliminate their penalties. If you’ve been arrested for drunk driving, here are a few common legal strategies that your defense attorney might use.

3 Ways a Defense Attorney Might Contest Drunk Driving Charges

1. No Proof of Driving

For a DUI charge to stick, the defendant must have been operating a vehicle at the time of the incident. If you were approached by a law enforcement officer while you were in your car but not driving—you may be able to have the case dismissed. This outcome may even be possible if you had a BAC of .08 or higher.

Commonly, this scenario will occur when a driver is found sleeping in a car that is completely turned off and non-operational. However, the charge may still apply if the vehicle is on or the keys are found in the ignition.

2. Improper Arrest Procedures

defense attorneyLaw enforcement officers are trained to follow a specific protocol when making DUI arrests. If this protocol has been compromised in any way, your defense attorney may be able to invalidate your charges.

Probable cause is one stipulation your legal team may consider. If the police officer pulled you over without any specific reason—such as speeding or running a red light—the case could be dismissed.

Charges may also be dropped if a breathalyzer test was faulty, or the field sobriety test was conducted inappropriately. For example, juries can determine that a heel-toe test is inadmissible because it was conducted in rainy weather or when the driver was wearing high heels.  

3. Witness Testimonies

If the evidence behind the arrest is inconclusive, your defense attorney may call witnesses that can demonstrate your sobriety at the time of the incident. For example, a bystander may claim that your behavior didn’t match what the police officer described.

You might also have a doctor provide witness testimony if you believe a medical condition was mistaken for drunkenness. This strategy may apply if you were sluggish due to chronic fatigue, had bloodshot eyes due to seasonal allergies, or couldn’t walk straight due to a physical disability.

 

While there are many strategies to minimize or clear DUI charges, doing so will require representation from a trusted defense attorney. The Law Office of Daniel A. Hoffey in Atlanta, GA, will closely analyze your case to pinpoint weak areas and develop a strong argument for court. To learn more about this lawyer’s experience in criminal defense, visit his website. To schedule a free consultation, call (770) 438-2111.  

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