How do I defend my Georgia DUI
Can I win my Atlanta DUI or Georgia DUI?
Every Georgia DUI arrest has potential legal issues that could result in a dismissal or a not guilty verdict. An experience Georgia DUI law must investigate your case thoroughly to determine what if any potential DUI defenses apply to you. A motion hearing on the suppression of illegally obtained evidence is truly a must in any contested DUI case. Georgia law does not require the prosecution to give you their evidence until 10 days prior to trial which means the first court date that witnesses actually testify. The police do not have to speak to you prior to being subpoenaed and sworn under oath on the witness stand.
A thorough case evaluation usually includes reviewing the police reports, incident reports, video tapes, and 911 dispatch tapes, and attempting to speak with the witnesses.
This means that hiring a qualified Atlanta DUI counsel is crucial!
This list is just an example of some of the techniques we have used to win DUI cases.
- ILLEGAL STOP: Police can not stop your car unless they have a reasonable and articulate suspicion that you violated a criminal law or traffic law. Similarly, a person cannot be detain you on the street unless they have an articulable suspicion of criminal activity.
- ANONYMOUS TIPSTERS:- a vehicle cannot be subjected to a traffic stop simply because an unknown person calls in that the driver is drunk. Any tip to be the basis of a investigative traffic stop must give specific details in order that the information can predict future criminal activity.
- STANDARD FIELD SOBRIETY EVALUATIONS ARE MEANINGLESS: Some people are just uncoordinated, out of shape or infirm. According to police training manuals, the three standardized field sobriety evaluation range from 65% to 77% accurate. The 30 second one-leg stand test is 65% accurate, the horizontal gaze nystagmus ( eye jerking test) is 77% accurate and the nine step walk-and-turn test (walking the line test) is 68% accurate. The eye test can not exclude the over 43 different types of Nystagmus or eye jerking caused by conditions other than alcohol. The Standardized Field Sobriety evaluations are not designed for people with injuries, medical conditions, 50 pounds overweight, neck injuries, back injuries, middle ear problems, in heeled shoes over two inches and over 65 years of age. The evaluations if not performed exactly as trained or there results mean nothing.
- NON-STANDARDIZED FIELD EVALUATIONS ARE MEANINGLESS: There is no relationship between touching your finger to your nose, saying the alphabet, counting with your fingers, counting backwards and alcohol impairment. Neither the National Highway Transportation Safety Administration, the Georgia Peace Officer Standards and Training Council or the medical community has established any correlation between these tests and alcohol impairment.
- BREATH TESTING IS INACCURATE: it is commonly accepted that a single breath test is unreliable because of sample variance. Georgia DUI breath testing has acknowledged limitations including a +/- 25% variance of +/- 0.02 of the 0.08 per se legal limit for alcohol DUIs, non-specificity for ethanol, unaccounted for breath temperature variations, unaccounted for variations in the partition ratio, uneven alcohol distribution in the blood prior to peak alcohol levels are reached, gender bias, radio frequency interference, interference from acetone, residual mouth alcohol, solvents (benzene, toluene, xylene, ethyl acetate, and methyl ethyl ketones), alcohol vapor in asthma inhalers, confusion with "ol" alcohols like menthol and sorbitol, alcohol in mouth wash, breath mints, breath strips, and menthol smokeless tobacco products., dental problems, etc.
- JAIL VIDEOS: Many jails and other police facilities videotape DUI defendants while in police custody including where they submit to breath tests, evidencing clear speech, good balance, police threats and intimidation, illegal questioning, coercion, in contradiction to police testimony from the witness stand.
- POLICE IN-CAR VIDEOS: most police agencies video arrests from the police car with cameras located under the rear view mirror, recording normal driving instead of impaired driving, normal field evaluations, illegal arrest, improper implied consent rights which must be given prior to a breath test, misinformation, unreasonable coercion and threats, hope of benefit, which can prove the police are lying.
- SPEEDY TRIAL DEMANDS: Our Constitution and state law require that all criminal defendants be given a speedy trial within two terms of court of their demand. If the trial is delayed beyond this time period or for an unreasonable prior as a result of delays of the court or prosecutor, the charges must be dismissed.
- CRIME LAB BLOOD TEST INACCURATE: Crime lab procedures are sometimes ignored and short cuts taken that cause blood test results to be questionable. Sample switching; expired blood collection kits; blood mail unrefrigerated in the U.S. postal service for weeks are just a few examples of blood testing weaknesses.
- HOSPITAL BLOOD TEST INADMISSIBLE: Hospital blood tests are for diagnostic purposes and labs do not meet forensic guidelines for criminal trials. Hospitals test serum and not whole blood. Further, collection and sampling techniques are not approved by the crime lab.
- BREATH TEST OPERATOR CREDENTIALS: Georgia Law requires that Breath Test Operators must be certified and possess a valid, unexpired operator’s license (licenses are only good for 4 years), or the breath test results can be excluded from evidence.
- PORTABLE BREATH TESTING DEVICE NOT ON APPROVED LIST: Portable breath testing instruments must be approved by the Georgia Bureau of Investigation Division of Forensic Services to be admissible in court.
- DUI REQUIRES PROOF OF DRIVING: You can not be convicted of DUI unless there is proof beyond a reasonable doubt of driving.
- INDEPENDENT WITNESSES: Witnesses. Witnesses. Witnesses. Family members, bar patrons, waiters, bartenders, managers, friends, doctors, nurses, emergency medical technicians, ambulance drivers, other drivers, firefighers, restaurant/bar workers can be vital to proving a defendant is not impaired by alcohol.
- MIRANDA RIGHTS: Defendants in custody statements or field evaluations in custody in a DUI are not admissible in court unless Miranda Warnings were given prior to the statement or tests.
- FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED: Police must follow their training exactly when performing field sobriety tests or the result are meaningless.
- OFFICER’S PRIOR DISCIPLINARY RECORD: A police officer's past can affect his believability in court.
- PORTABLE BREATH TEST NUMERICAL RESULTS ARE INADMISSIBLE: Georgia law prohibits the use of portable breath testing results other than positive or negative for the mere presence of absence of alcohol. The numerical result is inadmissible.
- BREATH TEST IMPROPERLY ADMINISTERED: The manufacturer of the Intoxilyzer 5000 breath testing device require a minimum of two tests to consider the results reliable.
- FAILURE TO CONDUCT OBSERVATION PERIOD: Georgia breath testing training procedures requires that a suspected DUI driver be closely monitored for a minimum twenty minutes prior to a breath test sample to exclude extraneous alcohol and obtain a valid result.
- EXPERT WITNESSES: Expert witnesses can discredit the breath tests results, blood tests results and field sobriety tests.
- MEDICAL AND HEALTH PROBLEMS:- Medical problems with legs, arms, neck, back and eyes and diabetes can affect the validity of field sobriety evaluations.
- BAD WEATHER / HEAVY TRAFFIC / FLASHING LIGHTS: Bad weather, heavy traffic, flashing lights can all contribute to driving ability or field sobriety performance.
- LACK OF PROBABLE CAUSE TO ARREST: Police must have probable cause of impaired driving ability to arrest you for DUI. Merely proving that you drank alcohol is not enough.
- INCONSISTENT STATEMENTS BY POLICE OFFICERS: Police often testify inconsistently at different hearings resulting in opportunities to discredit their testimony and win your DUI arrest.
- DRINKING AFTER DRIVING STOPS: The State must prove that alcohol consumed before or while driving caused a given breath result or impairment. Post driving drinking will cause the test results to be tainted and irrelevant.
- LIMITATIONS OF BREATH TESTING FOR ALCOHOL: There are many alcohol substances which be confused as alcohol from drinking on the Intoxilyzer 5000 or the Georgia DUI Breath Test machine such as asthma spray containing alcohol vapor, cough drops, menthol smokeless tobacco, paints, fingernail polish. These items can cause the breath results to be invalid and inaccurate.
- BREATH MACHINE IMPROPERLY OPERATED: Specific procedures, methods and protocols must be followed for a breath result to be valid and admissible in court.
- POLICE DISPATCH RECORDINGS: One of the most under utilized pieces of evidence. Police stops are recorded on 911calls or police radio traffIc. These tapes can be used to prove your case and win your DUI.
- BREATH TEST RIGHTS: Any misleading statement by the police regarding the consequences of taking a state administered test under the implied consent law (or refusing) a blood, breath, or urine test will cause the one year license suspension to be reversed and removed from the driver’s record and any evidence of the test to be excluded from the criminal trial.
- STATUTES OF LIMITATIONS: A misdemeanor charge of DUI must be stamped filed on the uniform traffic citation or an accusation filed within two years of the date of offense or the prosecution is barred.
- CIRCUMSTANTIAL EVIDENCE: Circumstantial evidence or evidence that merely implies a fact is not sufficient to prove a DUI case unless all circumstance evidence is consistent with guilt and excludes every other possibility but the guilt of the accused.
- FAILURE TO CALIBRATE THE BREATH TEST MACHINE QUARTERLY: Georgia state administered breath test on the Intoxilyzer 5000 must be calibrated at least quarterly as required by GBI DOFS rules and the failure to regularly inspect and calibrate the breath test machines by Georgia Implied Consent Area Supervisors can be used to discredit breath test results with a judge or jury.
- ILLEGAL ROADBLOCKS: Police DUI Roadblocks are an exception to the 4th Amendment prohibition of unreasonable searches and seizures. DUI road blocks must meet Constitutional minimum standards. DUI road blocks must be approved by a supervisor at the programmic level of police administration and not by officers in the field.
- FULL INFORMATION: Person arrested for DUI who submit to DUI blood or breath alcohol tests are entitled to full information regarding these tests upon request by them or their DUI attorneys or the tests can be excluded or trial continued.
- ODOR OF ALCOHOL: The mere presence of alcohol is insufficient to convict a person of DUI.
Atlanta DUI and Georgia DUI cases requires expert representation from aggressive, experienced Atlanta DUI Attorneys . Even if you don't hire us, please hire somebody qualified: do not go to court alone!