Our Athens, Georgia, DUI defense law blog often discusses the consequences students, professionals and other folks may face when they are charged with a first-offense or repeat DUI charge. Although folks face a variety of consequences for drunk driving, there are also a variety of DUI defenses that may be used to protect citizens’ rights in Georgia after a DUI arrest.
Not all DUI charges result in convictions. This is because DUI charges are not always warranted, and sometimes there is not sufficient evidence to prove arresting officers conducted lawful stops and administered breath tests correctly. For example, an NFL player for the Tennessee Titans recently avoided a DUI conviction after his DUI case went to trial last month. A judge decided there was not enough evidence to support the drunk driving charge that had been filed against the NFL player.
According to reports, Kenny Britt, a wide receiver for the Titans, was arrested on July 20, 2012. Britt was stopped by military police when driving through Fort Campbell. The player agreed to take a field sobriety test and was then asked to take a breath test. The player refused the breath test and was arrested. There was some evidence that was suppressed in the case, and after reviewing the case, a judge decided that there was not enough evidence to find Britt guilty of DUI.
Driving drunk is dangerous and against the law, but law enforcement authorities also have a responsibility to make sure they conduct lawful traffic stops, arrests and criminal investigations.
Law enforcement authorities cannot conduct traffic stops in Athens if there is lack of reasonable suspicion to make a traffic stop. Law enforcement authorities may conduct DUI checkpoints, but officers must conduct DUI checkpoints without deviating from the law and their departments’ policies. Law enforcement authorities are also prohibited from arresting individuals when there is a lack of probable cause.
Even when authorities follow the law when conducting traffic stops and making arrests, defense attorneys may challenge the way in which breath tests were administered during stops and after arrests. Breath tests are not always administered correctly, which may result in inaccurate results.
If you have been arrested for driving drunk, or know someone else who is facing DUI charges, you may want to consult an attorney immediately in order to learn more about DUI defense strategies and how these strategies may work in your favor.
Source: The Tennessean, “Tennessee Titans’ Kenny Britt found not guilty in DUI trial,” Jim Wyatt, March 19, 2013