Speaking with an experienced DUI attorney is always a good idea. An experienced lawyer can not only offer knowledge and advice you may not have, but more importantly, can help you navigate the process early on to save your license.
If you are concerned with the loss of a license, jail time, or especially if you are a repeat offender (have had a prior DUI), then you definitely need to speak with a qualified DUI defense attorney.
WHAT CAN A LAWYER DO FOR A DUI?
A DUI lawyer will assess your specific case and inform you of any possible consequences. An experienced DUI lawyer knows the difficult and confusing process of appealing your license suspension from the onset of your case. Currently, if you are arrested for a DUI and the officer takes your license or serves you with a 1205 Form, you only have 30 days to save your license.
A DUI lawyer will also work to find all possible legal defenses in your case with the hopes of obtaining a complete dismissal of all charges. Negotiating an out of court resolution, such as a negotiated plea bargain, may also be the best resolution in your case. With the help of an attorney, you can save not just your license, but your precious time and money.
Sometimes, most importantly, an attorney will make the DUI Case process manageable. Dealing with the justice system and the DMV is stressful and time consuming. With the help of an experienced DUI lawyer, the process can be less impactful on your life as the case progresses.
QUESTIONS TO ASK YOUR DUI LAWYER
- How much of your practice is devoted to DUI law?
- How many years of experience do you have handling DUI cases?
- How familiar are you with relevant courts and DMV offices?
- How are your fees structured?
- Do the fees include the trial?
- Are there any additional expenses you foresee?
- What is the scope of your representation? Does the fee include representation in DMV proceedings?
- Who will actually handle my case?
SOME COMMON DUI DEFENSE STRATEGIES
- Improper stop or Reasonable Articulable Suspicion – One of the most common defense strategies made by a defense attorney is that the officer lacked probable cause or reasonable articulable suspicion to make the initial traffic stop.
- Probable Cause to Arrest – Georgia Law requires that an officer have probable cause to arrest someone for DUI. Generally through a Motions hearing, we challenge this probable cause in order to obtain a dismissal of the DUI charge or suppression of certain evidence the state intends to use against you.
- Accuracy of Field Sobriety Tests – A case may be dismissed if the arrest was based on an improperly administered field sobriety test or inaccurate results. If not fully dismissed, it may be used to obtain a reduction of the charges.
- Accuracy of State Administered Test – The attorney may challenge the administration of the breathalyzer test used by challenging the reading of the implied consent notice, the officers training and administration (i.e. was the officer properly trained?), and the results of the test on the print out. Also, the defense may question whether the breath test device was properly calibrated and maintained.
- Improper Detention or Miranda violations – If Miranda warnings are required and are not issued, any evidence gathered thereafter (such as incriminating statements, biological evidence, field sobriety test observations, etc.) will likely be excluded.
- Improper testing and storage of blood alcohol samples – Unreasonable wait times or testing by an untrained laboratory technician could be possible defenses against the results.
- Medical conditions – If you have a medical condition, this can sometimes not only create the appearance of intoxication, but can even skew the results of the State administered Test.