A DUI Charge can be hard to fight, but it can be fought and won! DUI Lawyers with decades of experience, such as the Marietta DUI lawyers at Webb & D'Orazio, have several tools and investigative measures that can help identify any defenses for a DUI charge. Some of the most common DUI defenses include not having probably cause for stopping a vehicle, errors committed when advising the driver of his or her rights, and problems with the testing equipment or the equipment operator.
NO PROBABLE CAUSE
The Federal and State Constitutions guarantee that citizens are to be free from unreasonable search and seizure by the government. In the context of DUI cases that means that a police officer must have probable cause to stop your vehicle. He must observe something about your driving or a problem with your vehicle that justifies the stop. Police officers are trained to know this so they always will create a reason for the stop in their report even it is false. Luckily today most police vehicles are equipped with video cameras and microphones so an experienced attorney can review the circumstances surrounding the stop and determine whether or not probable cause existed. If probable cause was lacking an experienced attorney can get the BAT (blood or breath alcohol test) thrown out of court. Often there is insufficient evidence for the prosecution to proceed once the BAT is suppressed.
ERRORS IN ADVISING DRIVER OF RIGHTS
Georgia law requires very specific words and timing be used by the arresting officer advising a person suspected of driving under the influence of their implied consent rights. Again, an experienced attorney can review the video of the arrest and determine if the officer made a mistake. If he did an experienced attorney can get the BAT (blood or breath alcohol test) thrown out of court.
PROBLEMS WITH TESTING EQUIPMENT OR OPERATOR
The state crime lab requires regular maintenance and calibration of all breath testing equipment used in Georgia. Records must be kept. Also, officers must have a current certificate to operate the breath testing equipment. An experienced attorney can investigate the maintenance history of the testing device as well as the training of the operator to determine if there are any problems there that can be used to have the BAT thrown out of court.
Each case must be carefully examined by an experienced DUI defense attorney in order for an accused to know if he or she has a defense that could result in an acquittal or a reduction of the charge. Because every case presents a unique set of facts the potential defenses are numerous and are limited only by the experience and ingenuity of defense counsel. Hence, it is imperative that you select an attorney with both years of experience and up-to-date information on the latest DUI defenses. If you have been charged with a DUI and need an attorney who can build a strong defense, contact Webb & D'Orazio today!