If you have a DUI charge, you may be asking yourself if you need a lawyer. Addressing a DUI charge is not something that you can take care of on your own, and if you are in that situation we strongly encourage you to get in touch with one of the experienced and knowledgeable attorneys in our office. We answer similar inquiries every day and our attorneys have helped hundreds of people in situations similar to yours.
CAN I HANDLE A DUI MYSELF?
Some rulings have changed, but….
In April of 2015, the Georgia Supreme Court ruled that a state law on testing suspected drunken drivers was unconstitutional. The law states that refusal to be tested for drugs or alcohol would result in loss of driving privileges for one year. Justices state that the law contradicts the Constitution's protection against unreasonable search and seizure. The suspect who submits to the test has not necessarily agreed freely to waive the requirement for a warrant constitutionally. This was in a Gwinnett County case.
Even with such a ruling, please do not take it upon yourself to seek your own legal counsel. Contact our Marietta DUI lawyer at Webb & D'Orazio immediately. Having years of relevant experience and familiarity with the community, they can help you.
It is true that there is plenty of information available on the Internet about DUI charges, although each case is different and it is essential that you talk to an expert who can address your individual situation. The information found on line is more general in nature, and rather than rely on that information which may not apply to you, you can get much more accurate and relevant advice by consulting an experienced attorney.
EVERY CASE AND EVERY COURT IS DIFFERENT
The court system in Marietta Georgia may have different rules and procedures than a court in another area of the country, and to determine the best course of action for your case, consulting a DUI lawyer is highly recommended. They can also resolve your case more efficiently and get you the best possible results, by looking at the various DUI defenses that are available to you.
REASONS TO RETAIN A MARIETTA DUI LAWYER
We take into account the following factors when looking at what might be your best DUI defense:
- Whether the police followed proper procedure when they stopped you, and whether there was probable cause to stop your vehicle. Proper protocol would include any road block being properly marked, having every 'nth' vehicle stopped, only detaining a car and driver for a lengthy period of time if just cause existed, and having the checkpoint approved and supervised by a supervisor.
- In some cases, racial profiling or a pre-determined method of stopping vehicles was used.
- Whether you were advised of your rights and had them properly and clearly explained to you, and whether any standard sobriety test was accurately and fairly carried out.
- It should be established that there was probable cause for a search of your vehicle, and whether implied consent rights were advised and explained clearly.
- Whether the arresting officer explained that you have the right to remain silent under the 5th amendment.
- Whether any breath testing was carried out properly and within standard protocol and whether the breath testing device was working as it should and could not possibly give an incorrect reading.
- Whether you were advised of your rights concerning chemical, blood and breath testing for alcohol and whether the strict procedures fro urine and blood testing were followed. A contaminated sample can be the result of improper procedure. If marijuana metabolites are present in any blood or urine test results, these may have affected the actual driving.
- The training and experience of the arresting officer is also something that should be considered, and any behavioral problems should be identified when looking into his or her background.
- Was another driver to blame in any way if the DUI involved an accident with another driver is also a question to be asked.
- An officer at the scene of an accident can also often mistake disorientation or dissociation caused by trauma for drunkenness.
- Whether an airbag was deployed during an accident, and a failed sobriety test can sometimes partly be because of a deployed airbag.
The attorneys at Webb & D'Orazio have the experience and insight to use some of these defenses as well as others, in the event of you being charged with a DUI offense.
DON'T TRY TO HANDLE A DUI ON YOUR OWN
If you are charged with a DUI, contact our Marietta DUI lawyer as soon as possible, and we can get to work on your case putting our years of relevant experience to work helping you. In many cases, we can reduce charges or eliminate them altogether, depending on the circumstances and information from your arrest. Call us today for a free DUI consultation at 770-952-7000.