Griffin, GA- If you’ve been arrested for DUI, you are aware of the tough road ahead. This is a serious charge and there are many legal ramifications. It is necessary if you are facing driving under the influence for the first time or again, you need a Griffin, Georgia DUI attorney.
While it is in the interest of public safety to keep drunk drivers off the road, there are many instances when an individual is wrongfully arrested and charged with DUI. Every person arrested on suspicion of driving under the influence must be aware that they have rights and it is possible to prevent an unnecessary conviction.
In order for a person to avoid a DUI conviction, they must be proactive and contact a qualified Griffin DUI attorney immediately. It is important that you speak to an attorney immediately, while the arrest is fresh in your mind so you are able to relate valuable information that can be easily forgotten over time. This will assure that your attorney has the necessary information to build an effective defense strategy.
There are several circumstances of your arrest that your attorney can question when building your defense that could possibly stop you from being convicted.
The first strategy your attorney can would be question the legitimacy of the initial stop. Aside from DUI checkpoints, the Constitution requires that police have probable cause before stopping a driver. A law enforcement officer cannot simply stop you to see if you’ve been drinking, they can’t go fishing for information. They actually have to have reasonable suspicion, meaning they’ve observed you violating traffic laws or observed erratic driving behavior such as speeding or inability to maintain lane.
If an officer has violated that right, then it is possible that your charges will be dismissed or reduced.
One of the most effective DUI defense strategies your Griffin attorney can employ is to question the validity of breathalyzer test results. Breathalyzer test are meant to test the amount of alcohol in the breath deep in the lungs. However, this test often picks up alcohol in the mouth and throat and reads it as breath in the lungs. This can give a false reading, indicting a drivers is above the legal limit even when you aren’t even intoxicated. Something like and common liquid cold medicine will register as intoxication on a breathalyzer.
Breathalyzers can give inaccurate readings if they are not regularly maintained. They require frequent recalibration which can be overlooked by a busy police force. In some cases, breathalyzers are not maintained or can easily malfunction.
Field sobriety tests are also frequently inaccurate ways to determine and individual’s level of intoxication. Numerous factors such as age, weight, medical conditions, and even the types of shoes the person is wearing can give an officer the impression that the person they have detained is drunk.
In studies the three most commonly employed field sobriety tests, the horizontal eye nystagmus—where an officer observes the way your eyes move—or the walk and turn and the one-leg stand have shown to be inaccurate in determining intoxication. The one-leg stand has a 35 percent error rate, and the walk and turn has a 32 percent error rate, according to the National Highway Traffic Safety Administration.
Other non-alcohol related factors can lead to a wrongful DUI arrest. Nervousness, anxiety or feeling intimidated can give police the impression a driver is intoxicated. Weather and road conditions can also effect a person’s driving ability.
These are just a few weapons in the arsenal of a knowledgeable Griffin, Georgia DUI attorney will employ to help you beat a DUI conviction. The circumstances of every arrest vary so it will be up to your legal counsel to determine which strategy will be most effective defense.