Georgia Potential DUI Defenses
While you may be in disbelief that there are solid defenses to your DUI charge, there are actually many. With a qualified and experienced DUI defense attorney, you may be surprised at how many ways the prosecution may be at the disadvantage - not you. That’s because the prosecution must prove beyond a reasonable doubt that you are guilty of the accused DUI crime. That places the burden of proof in their court. The job of your attorney will be to find weaknesses in their case – and there are always some if you know where to look. Here are some very likely DUI defenses that may even be relevant to your pending DUI case.
Before police can stop your vehicle, probable cause must exist. For example, an officer can only legally stop you if they observed you violating some law, usually a traffic offense such as speeding. Probable cause must also occur during the detaining and arresting phases.
The officer must have also observed you to be the one driving the vehicle. The prosecution must prove that not only were you drunk, but that you were the one driving. If there was an accident and there were no witnesses, the prosecution can have a difficult time.
As you have responsibilities, so do the police. When placing you under arrest, police must read you your Miranda rights informing you that you have the right to remain silent. This ensures you do not make any self-incriminating statements against yourself due to being nervous or feeling threatened or pressured by police.
If you are arrested for DUI and you refused to submit to a blood, breath or urine chemical test to determine your blood alcohol content, police have to read you an Implied Consent Notice. This states the consequences you’ll face for refusing to comply with the officer’s request to take a chemical test.
There are also many defenses depending on any field sobriety test results or your blood alcohol content test results. Conditions must have been appropriate and there are many things that can go wrong during such testing.
So before you plead guilty, just think of all the defenses your attorney might have in store for you.
