Georgia DUI Defenses

If you are like many people, you may believe that a driving under the influence (DUI) charge in Georgia will automatically result in a conviction. Nothing could be further from the truth. The burden of proof rests on the prosecution to prove your guilt. A skilled attorney may be able to point out the weaknesses in the prosecution’s case to establish reasonable doubt. To do this, one of many Georgia DUI defenses may be used on your behalf.

A common defense is that the cop did not have probable cause to make the initial traffic stop and/or arrest you for DUI. Probable cause means that the officer had sufficient reason to believe you were committing the crime of drinking and driving. Because the Fourth Amendment upholds a citizen’s right against illegal search and seizure, any evidence obtained without probable cause may be thrown out. If the officer did not have probable cause, your arrest can be deemed illegal and your case could be dismissed.

Many Georgia DUI defenses can be used against the breathalyzer test results. For example, if you have a medical condition that is known to cause a false blood alcohol content (BAC) reading, such as diabetes or hypoglycemia, your lawyer may use this to challenge the prosecution’s evidence. Faulty or poorly maintained machines and improper test administration are also known to inflate BAC results.

The “rising blood defense” is another option. According to Georgia law, driving a vehicle when your BAC is .08% or higher is a crime. However, alcohol takes time to reach the bloodstream and reach “peak” BAC. If an hour or more passes between the time you were behind the wheel of your vehicle and the time the breathalyzer test is administered, your lawyer may argue that your BAC was much lower when you were driving your car.

Attorney Cory Yager has successfully applied numerous Georgia DUI defenses to his clients’ cases—many with successful results. As a former Georgia police officer, he understands the defenses that can work in your favor, and will work tirelessly to secure the best possible outcome.

If you are interested in a FREE case evaluation and a FREE license appeal letter to contest the Department of Driver Services (DDS) suspension, please submit your contact information online today.

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