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Contesting a DUI: What defendants often overlook

On Behalf of | Apr 7, 2026 | DUI |

When charged with driving under the influence (DUI), the possibility of fines, license suspension, jail time and a criminal record that follows you can feel overwhelming. Many people assume the case is straightforward and that the evidence against them is indisputable. However, DUI charges are rarely as clear-cut as they seem.

First, a charge is not a conviction. The prosecution still has to prove every element of the case beyond a reasonable doubt, and there are often gaps, errors or overlooked defenses that most defendants never realize exist. Understanding these details early can make all the difference in protecting your rights and your future.

The traffic stop itself may be illegal

Did the officer have a legitimate reason to pull you over? Under the Fourth Amendment of the U.S. Constitution, law enforcement needs reasonable suspicion to initiate a traffic stop. If that threshold wasn’t met, everything that happened afterward may be excluded from your case. This includes field sobriety tests, breathalyzer tests and even chemical tests to ascertain your blood alcohol concentration (BAC) levels. Without such key evidence, the case against you may not be as airtight as you thought.

Field sobriety tests are not foolproof

You may have failed a field sobriety test during a traffic stop, but that doesn’t automatically mean you were legally impaired. These tests can be influenced by factors unrelated to alcohol, such as nervousness, fatigue, medical conditions or even uneven pavement. Successfully challenging the accuracy or administration of field sobriety tests is something that can help your defense.

Breathalyzer and chemical test results can also be disputed

A BAC reading of 0.08% or above feels damning, but breathalyzer machines require proper calibration, maintenance and operator certification. If the device used in your stop has a spotty maintenance record, or if the officer wasn’t properly trained on its use, that reading becomes contestable.

The same goes for blood test results. Any mishandling, labeling mistakes or gaps in the chain of custody can cast doubt on their accuracy and give you grounds to challenge such evidence.

Reaching out for early legal guidance when facing a DUI charge in Georgia can help identify such loopholes in your case and build a solid defense strategy.

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