If you have been charged with a DUI, you may think that you are guaranteed to be convicted. However, many Georgia residents facing DUI charges have successfully defended against these charges.
The defense strategy you use will depend on the circumstances of the traffic stop. Here are a few possible DUI defenses:
- Control of vehicle: You may establish you were not in “actual physical control” of the vehicle (e.g., you were asleep in the back seat without the keys) when you were charged with a DUI.
- Initial traffic stop: Stopping a vehicle without reasonable belief that the driver is violating a traffic law or committing a crime is unlawful, making the traffic stop improper.
- Field sobriety results: The officer who pulled you over may have used field sobriety tests, such as the horizontal gaze nystagmus, walk-and-turn, and one-leg stand, to determine whether you were impaired behind the wheel. However, the officer may have improperly administered the tests, making the results unreliable.
- Breathalyzer results: Breathalyzers are used to measure the driver’s blood alcohol level at the time of the stop. However, failure to properly calibrate the device or failure to properly conduct the test may invalidate the results. Additionally, other factors may affect the results, including medical conditions and diet.
- Delay in testing: A delay in the administration of the test can also impact the results. For example, if you were stopped and were not given the test until many minutes later, it is possible that you were not legally intoxicated at the time of the initial stop.
Defending against a DUI charge is not easy, but it is possible that the officer who stopped you made mistakes beginning with the initial traffic stop. The right criminal law defense strategy may save you from having a DUI conviction on your record.
