If you are arrested and charged with DUI in Georgia, it is easy to feel confused, frustrated and frightened. You may be tempted to believe that your goose is cooked. However, this is not always the case. Depending on the specifics of your case, you can actually challenge your DUI charge and avoid the penalties associated with a conviction in Georgia.
However, like with any criminal case, it is important that you come up with a defense strategy that is both relevant and effective. Here are two defense approaches you can take if you have been charged with DUI in Georgia.
Lack of probable cause
The law enforcement officer must have specific and articulate facts to arrest and charge you with a crime. In the case of drunk driving, the police must be certain that you were committing some offense hence the need to pull you over for further investigation and a possible arrest. For instance, the police can pull you over if you are making erratic accelerations and decelerations, zigzagging across the road or drifting in and out of your lane. If there was no evidence that you were breaking any law, then you can claim a lack of probable cause for your arrest. This means that evidence obtained following your DUI arrest (BAC result) can be challenged and thrown out of court.
Faulty Breathalyzer equipment
To give authentic blood alcohol content (BAC) results, the Breathalyzer equipment must be properly maintained and calibrated. If you have evidence that the Breathalyzer equipment was faulty, then you can dispute the BAC result that was recorded and brought to court as evidence of drunk driving.
If you have been charged with drunk driving, it is important to understand that you are innocent until proven guilty by the court. Knowing your defense options when charged with DUI is key to realizing a favorable outcome for your case.