Being charged with driving under the influence (DUI) in Georgia is a serious matter that can have life-altering consequences, including fines, license suspension, increased insurance premiums, and even jail time. HOWEVER, A DUI CHARGE DOESN’T GUARANTEE A CONVICTION! With the right legal defense, you can challenge the evidence against you and potentially reduce or dismiss the charges.

At Houston Washburn Law, we specialize in defending DUI cases throughout Georgia. This blog explores the penalties for DUI, common defense strategies, and why hiring an experienced attorney is crucial.

Understanding Georgia DUI Laws

In Georgia, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of:

• 0.08% or higher for drivers aged 21 and older.
• 0.04% or higher for commercial drivers.
• 0.02% or higher for drivers under the age of 21.

Georgia enforces some of the toughest DUI penalties in the country. For a first offense, drivers may face:

• Fines ranging from $300 to $1,000.
• Jail time between 10 days and 12 months (with some time potentially suspended, probated or credited).
• License suspension for up to one year.
• Mandatory completion of a DUI Risk Reduction Program.

For repeat offenses, penalties escalate significantly, including longer license suspensions, mandatory installation of an ignition interlock device, and increased fines and jail time.

Common DUI Defense Strategies

An effective DUI defense starts with a thorough review of your case. Below are some common defense strategies that could be used to challenge DUI charges in Georgia.

1. Challenging the Legality of the Traffic Stop

Law enforcement must have reasonable suspicion to stop your vehicle. If the officer did not observe a traffic violation or behavior indicative of impairment, the stop could be considered unlawful. Any evidence obtained from an illegal stop, including field sobriety tests and BAC results, may be suppressed.

2. Questioning the Validity of Field Sobriety Tests

Field sobriety tests (FSTs) are often subjective and prone to error. Factors such as uneven pavement, poor weather conditions, medical conditions, or fatigue can cause a person to "fail" these tests, even if they are not impaired. If these factors were not considered, the reliability of the FSTs could be called into question.

3. Challenging the Breathalyzer Results

It's important to understand that there are two types of breath testing commonly encountered in DUI cases in Georgia: preliminary roadside breath testing and chemical breath testing performed at the jail or police station. These tests serve different purposes, and the accuracy and admissibility of their results can vary significantly.

Both of which can be refused and not used against you.

Roadside Breathalyzer Tests

The roadside breath test, often performed during a traffic stop, is typically conducted using a portable device. This test is intended to provide officers with a preliminary indication of whether alcohol is present in your system. However, these devices are less reliable than the larger, stationary machines used at the police station.

• Admissibility: Results from roadside breathalyzers are generally not admissible as evidence in court to prove your BAC. Instead, they are used to establish probable cause for an arrest.
• Challenges: These devices are prone to errors caused by improper calibration, external environmental factors (like humidity or temperature), or residual alcohol in the mouth (from mouthwash or medication).

Chemical Breath Testing at the Jail

Once arrested, you may be asked to submit to a more accurate breath test using an Intoxilyzer device at the police station or jail. This test is considered a formal chemical analysis of your BAC and is admissible as evidence in court. However, the accuracy of these results can still be challenged.

• Calibration and Maintenance: If the machine is not properly maintained or calibrated, the results may be unreliable. Your attorney can request maintenance logs to determine whether the machine was functioning correctly.
• Operator Training: Law enforcement officers must be properly trained to administer the test. Failure to follow correct procedures can result in inaccurate readings.
• Medical Conditions: Certain conditions, such as acid reflux or diabetes, can produce false positives even on these more advanced devices.

By highlighting the distinction between roadside breathalyzers and formal chemical breath tests, your attorney can evaluate the circumstances of your case and challenge the validity of the evidence accordingly.

4. Disputing Blood Test Accuracy

Blood tests are generally more reliable than breath tests but are not immune to errors. Contamination, improper storage, or mishandling of the sample could lead to inaccurate results. Your attorney will scrutinize the chain of custody and testing procedures to ensure the evidence meets legal standards.

5. Proving Lack of Impairment

Even if your BAC exceeded the legal limit, you may not have been impaired while driving. For example, fatigue, distractions, or health issues unrelated to alcohol could explain certain behaviors. Video footage from the arrest or witness testimony may support this argument.

6. Challenging Officer Conduct

Law enforcement officers must follow specific procedures during a DUI stop, including properly administering tests and informing you of your rights under Georgia’s implied consent law. If the officer failed to comply with these procedures, any evidence obtained might be inadmissible in court.

Why Hire a DUI Attorney?

Defending yourself against DUI charges in Georgia without legal representation is risky. The consequences of a conviction are severe, and the legal process can be complex. Hiring an experienced attorney offers several benefits:

• Knowledge of DUI Laws: A skilled attorney understands Georgia’s DUI laws and how to leverage them in your defense.
• Case Evaluation: Your lawyer will review the evidence against you, identify weaknesses in the prosecution’s case, and develop a tailored defense strategy.
• Negotiation Skills: Attorneys can negotiate with prosecutors for reduced charges or alternative sentencing options, such as probation or community service.
• Court Representation: If your case goes to trial, a qualified attorney will advocate on your behalf to achieve the best possible outcome.

Protect Your Future with Houston Washburn Law

At Houston Washburn Law, we have extensive experience defending clients against DUI charges in Georgia. We understand the high stakes involved and are committed to protecting your rights, reputation, and future. Our personalized approach ensures that every client receives the dedicated attention they deserve.

Contact Us Today

If you’ve been charged with a DUI in Georgia, don’t face the legal system alone. Let the experienced attorneys at Houston Washburn Law guide you through the process, challenge the evidence against you, and fight for the best possible outcome.

Call us today at 404-400-1996 or visit our website at https://www.houstonwashburnlaw.com to schedule a free consultation. Your future is too important to leave to chance—let us help you protect it.