If you face DUI charges in Georgia, you may have several defenses available, even if you took a breath test that registered .08 or higher. Depending on the circumstances, you can potentially reduce your case to reckless driving or get the charges dismissed.
According to the Governor’s Office of Highway Safety in Georgia, the state has various impaired driving laws, and the penalties vary by offense. They may include jail time, fines, community service, license suspension or revocation and reinstatement fees. In addition, law enforcement must pull you over in a manner consistent with the regulations. If they do not, you may have several options for challenging the charges.
Challenging the traffic stop
A routine traffic stop often ends with a DUI investigation and arrest. You may have a successful defense if you can establish that the traffic stop lacked probable cause. Some of the traffic stops you can challenge include the following:
- Failure to Maintain Lane
- Improper Lane Change
- Expanding the Scope of the Stop
Without probable cause, the police cannot prosecute your case.
Challenging the field sobriety tests
Field sobriety test results are among the strongest pieces of evidence officers may use. The state approves only specific evaluation methods when determining your condition. These tests require appropriate testing conditions. If the officers did not receive the proper training or if you failed the test as a result of a medical condition or age and weight, you may get the results thrown out.
Breath test results, the search of your person, implied consent notice and suspicion to stop are among the many other areas you may challenge. Your history and current record may help you avoid a conviction, increased insurance rates and license suspension.