After you get stopped for a DUI, you may think the police aren't giving you a fair chance to explain your situation or show them that you aren't intoxicated. It can become extremely frustrating when the person will all the power is taking advantage of you, and treating you like a criminal when you did nothing wrong.
Unfortunately, when you are stopped on the side of the road, nothing you say may change their mind. Instead, you get your chance to fight back in court. So make sure you understand the difference between an arrest and a conviction. During an arrest, it is the police officer who thinks they have enough evidence to arrest you for a crime. But it is the court who decides whether you are guilty, and whether you will face any penalties. Just because the police think you did something wrong does not mean you have to plead guilty.
Defenses to DUI Charges
Your Atlanta DUI lawyer will be able to explain how the court process works, that you have rights, and you have a chance to have your say before the court makes their decision on whether you are guilty or not. It is not a case of the police officer's word against yours. You may have more defenses available than you realize. This could mean your charges could be reduced, dismissed entirely, or have a jury find you not guilty at trial. So before you give up and plead guilty, find out what your defenses are, and how you can fight back.
There are guidelines, procedures, and constitutional protections that the police are supposed to abide by. But like anyone else, the police make mistakes. Whether their mistakes are accidental or intentional, you don't have to pay the price when they were the ones who messed up.
As an example, the police have to have a reason to stop anyone and detain them. This applies to pulling over a vehicle. The police can't just stop anyone they want, the driver has to be exhibiting some articulable factors to justify a temporary traffic stop. This could be something as simple as having a burnt out tail light, which is a traffic violation. If the police officer can't give a reason for pulling the car over in the first place, they may be violating your constitutional rights, and anything found after that could be thrown out of court.
Another area where an Atlanta DUI lawyer can explore possible defenses when investigating the facts of your case has to do with roadside testing. This included breath tests and standardized field sobriety tests. These tests are not always accurate, especially if the police officer doesn't give you the right instructions or isn't paying attention to the results. Often times, field breathalyzer machines can give inaccurate results because of operator error, or the failure to properly calibrate and maintain the devices. When these results are shown to be inaccurate, their results can sometimes be thrown out of court.
Your Atlanta DUI lawyer will talk to you about your case, and investigate what happened. They will gather all available documents, and where possible, will obtain video or audio evidence to look for the flaws in the prosecutor's case. They may even use expert witnesses to point out the problems with the evidence the state has presented against you. An Atlanta DUI lawyer who exclusively handles DUI cases has the experience, training, knowledge and education to explore all available defenses, to give you the best chance to win your case.
Atlanta Attorney for Any DUI
Don't let the police determine whether you will have a criminal conviction on your record, it is for the courts to decide. You have defenses available, and should take advantage of your legal protections to make sure you get treated fairly by the system. An Atlanta DUI lawyer will stand by your side, so that you have an advocate throughout the court process. If you were charged with driving under the influence anywhere in Georgia, give me a call today.