PROTECT YOUR RIGHTS! Know Every Step From Being Arrested To Having Your License Revoked…and How To Defend Against Prosecution.
BY ATTORNEY CHRISTOPHER K. MIDDLETON
This is one of the most unsettling, intimidating and anxious experiences a driver can have.
Even a 1st offense DUI is considered to be a very serious offense in Georgia. Drivers face possible jail time and a driver's license suspension or revocation . HOWEVER, DO NOT WAIVE YOUR CONSTITUTIONAL RIGHTS.
What will a good DUI lawyer question in a DUI case?
1)
Was there "probable cause" for the traffic stop?
2)
How were the Field Sobriety Test protocols administered?
3)
What caused your reported BAC (Blood Alcohol Content) level?
What makes these tests unreliable and possibly inadmissible?
The good news is all these factors can be successfully defended against with the proper foundation.
1)
It May Have Been An Illegal Traffic Stop Violating Your 4th Amendment Rights.
2)
Field Sobriety Test Results Can Be Questionable.
3)
Breath and Blood Tests Could Be Inaccurate.
If arrested for a DUI, you will face criminal proceedings AND administrative proceedings.
Administrative proceedings brought forth by the Department of Driver Services (DDS), will decide if your license will be suspended or revoked.
A hearing request should be filed by certified mail and must include a $150 filing fee.
Remember: You must file a request for an administrative license hearing, or you must choose to install an ignition interlock device within 30 days of your arrest, or you will lose your driver's license or privilege to drive in Georgia for a year.
What can you expect in the criminal court?
The prosecutor will attempt to point to several factors as evidence that you were drunk driving, including: your appearance of being intoxicated, odor of alcohol, the results of your field sobriety tests and chemical tests, etc.
These tests are notoriously unreliable because there are a number of variables that could affect your performance, including but not limited to:
1)
Did the breath test operator follow proper procedures and protocols?
2)
Do you have a medical condition such as gastric reflux or diabetes that could have caused mouth contamination with alcohol?
3)
Was the machine properly calibrated?
What makes these tests unreliable and possibly inadmissible?
The good news is all these factors can be successfully defended against with the proper foundation.
The arresting officer may have violated your 4th Amendment rights, or may not have provided proper instructions or followed proper protocol, in which case the results would be inadmissible and thrown out.
1)
It May Have Been An Illegal Traffic Stop
2)
Breath and Blood Tests Could Be Inaccurate
3)
Field Sobriety Test Results Can Be Questionable
You can attempt to answer the reliability of the reading by investigating the following:
Did the breath test operator follow proper procedures and protocols?
Do you have a medical condition such as gastric reflux or diabetes that could have caused mouth contamination with alcohol?
Was the machine properly calibrated?
NOTE: While it's true that you have the right to refuse to take this test, your driver's license could be revoked for one year if you decline the test.
After your arrest, the officer most likely asked you to submit to a breath test on a machine called the Intoxilyzer.
Cox,
Rodman,
& Middleton
What should anyone do when detained for a DUI?
Contact an experienced lawyer for legal advice.
Partner Attorneys Falen Cox, John Rodman and Christopher Middleton specialize in giving you a personalized approach when addressing your needs.