Getting charged with a DUI can feel overwhelming, but being charged does not mean you are automatically guilty. Georgia law provides several potential defenses to DUI charges, even if you failed a roadside sobriety or breath test.
Lack of reasonable suspicion for the stop
Police officers must have a legal reason to stop you. If the officer did not observe any traffic violations or suspicious behavior before stopping your vehicle, the stop may not have been lawful. Evidence gathered during an unlawful stop may not be admissible in court.
Issues with sobriety tests
Field sobriety tests are not always reliable. Factors such as medical conditions, poor lighting, uneven surfaces, or improper instructions can affect test results. Challenging the validity of these tests can weaken the prosecution’s case.
BAC test inaccuracies
Blood and breath tests are not foolproof. Breath testing equipment must be calibrated correctly and administered according to strict protocols. Errors in testing procedures or equipment malfunctions can produce inaccurate results. Similarly, improper handling of blood samples can compromise their integrity.
Other potential defenses
Medical conditions, certain medications, or even a diet high in certain foods can produce false positives on BAC tests. Additionally, the state must prove that you were in control of the vehicle while impaired. If there is doubt about whether you were actually driving, this can be a valid defense.
Exploring your options
Facing a DUI charge does not mean you are out of options. Georgia’s DUI laws offer room to challenge the evidence and build a strong defense. Carefully examining the details of your case can help you address the charges effectively and pursue the best possible outcome.