How to Win a DUI Case in Georgia
There many ways of successfully defending a DUI arrest in Georgia, including the following approaches.
Reasonable suspicion for stop:
The very first hurdle the State has in any DUI case is to prove that the stop was valid. The police must prove they had “reasonable articulable suspicion” that a traffic offense had been committed before stopping you. If stopped at a roadblock, the State must prove the roadblock complied with Constitutional requirements.
Probable cause to arrest:
The State must prove that they had enough evidence to arrest you for DUI. This normally includes traffic violations, physical manifestations of impairment, and poor performance on field sobriety evaluations.
Field Sobriety tests administered correctly:
Police are trained on how to properly administer field sobriety evaluations. Improper administration of these evaluations can invalidate the “opinion” of the officer that you were impaired.
Implied Consent Notice:
The officer must substantially comply with the reading of the implied consent notice; otherwise, any state chemical test could be excluded from evidence.
Attack the accuracy of any State chemical test:
There are numerous potential problems with the accuracy of state chemical tests, whether the test is of your blood, breath, or urine.
Motions should be filed to force officer to prove all of above.
As a last resort, you have the right to a jury trial of 6 citizens to make the State prove you guilty beyond a reasonable doubt.