Atlanta, Georgia DUI Defenses

Many people find it hard to believe that defending an Atlanta driving under the influence (DUI) charge is possible, and choose to enter a guilty plea. However, if you find yourself in this situation, you should immediately speak to a qualified Atlanta DUI lawyer about your options. Your lawyer will carefully evaluate your case to determine which DUI defense is right for you.

The first thing a lawyer will do is look at the circumstances of your drunk-driving arrest. Before an officer can stop you on suspicion of DUI, he or she must have probable cause. This means that you can be pulled over only if the officer observed you violating a law, such as running a red light or failing to maintain your lane. The officer must also have probable cause to make an arrest. If your lawyer can prove that there was no probable cause to make the stop or arrest, your charges could be thrown out.

During a DUI arrest, the officer will ask you to submit to a blood, urine, or breathalyzer test. These tests are accurate when administered correctly, but a number of factors could cause an inaccurate result. For example, if the machine is not maintained or calibrated correctly, the blood alcohol content (BAC) reading may be erroneous.

Medical conditions such as diabetes and hypoglycemia are known to cause inflated breathalyzer test results. Dental work such as dentures or bridges can trap alcohol in the mouth, which is read by the breathalyzer as deep lung air.

Even field sobriety tests are known to have shortcomings. The horizontal gaze nystagmus test measures the jerking of the eye that becomes more pronounced after consumption of alcohol. However, other medial and neurological conditions can affect the results of this test. The one-leg stand and walk-and-turn test can also be affected by factors other than intoxication, such as physical disabilities and nervousness.

It is important to remember that the burden of proof rests on the prosecution. If your Atlanta DUI lawyer can show reasonable doubt that you committed the crime of drunk driving, your chances of acquittal are significantly improved.

To learn about the possible Atlanta, Georgia DUI defenses for your case, please submit your information online today to Tom Thomas, Attorney At Law.