People call our offices every day to see if they need an attorney to address their driving while intoxicated charges. We encourage individuals to contact us and to act quickly and contact an experienced lawyer who can handle the details of their arrest. In today's society there are many things that we can handle on our own but beating a DUI charge is not one of those things. It is critical that you have legal representation that is knowledgeable and trustworthy by your side during this time of crisis.
Often, the first place many people turn to following a DUI arrest and charge for information is the Internet. Although there is a wealth of information available concerning a DUI, it is very important that you contact someone who can review the unique details of your case instead of attempting to handle this charge on your own. Information found on the Internet is not one size fits all and you should have a skilled attorney to help you through the process.
Every local court system has unique customs and procedures. A good driving while intoxicated lawyer will know the best course of action for your specific case in order to reach the best outcome. In addition, an experienced lawyer will know a myriad of DUI related defenses that will help resolve your cases efficiently and effectively.
DUI Related Defense
When evaluating the best defense strategy for your case, we can consider the following:
- Did the law enforcement official have probable cause to stop your vehicle in the first place?
- If you were stopped at a sobriety checkpoint, did the police follow proper protocol? (a. Stopping every "nth" vehicle such as every fourth vehicle, b. properly marking the roadblock, c. having a police supervisor approve of the scope and purpose of the checkpoint, d. avoiding lengthy vehicle detention without good cause)
- Was there a pre-determined method for stopping vehicles? Or was it racial profiling?
- Did law enforcement officials accurately administer standardized field sobriety tests?
- Were you advised of implied consent rights? Failure to properly explain these may constitute a license restoration.
- Was your arresting officer untruthful about explaining your rights?
- If you were asked to step out of your vehicle and comply with a search, was there probable cause?
- Drivers have 5 th Amendment "Miranda Rights" to remain silent. Did the arresting officer explain these?
- If a breath test was administered, was it administered according to proper protocol?
- Was the breath test machine working properly or was it subject to error?
- There are strict procedures for blood and urine tests. Were they followed? Failure to follow could result in contaminated or switched samples.
- If the results of a chemical test showed signs of prescription drug use, was the amount closer to the therapeutic range or abusive range of use?
- Were you advised of your right to independent breath, blood and chemical testing?
- How extensive was the training of the officer who arrested you?
- While looking into the background of the arresting officer, were there any prior behavioral problems?
- If the blood or urine test shows the presence of marijuana metabolites, are the metabolites active THC or inactive; meaning, could the marijuana have actually had an impact on the driving itself?
- If the DUI involved an accident, was the other driver at all to blame?
- In the event of an accident, did the officer mistake disassociation and disorientation (side effects of trauma) for drunkenness?
- Was the airbag deployed in the accident? This could contribute to a failed field sobriety test.
Contact Atlanta DUI Lawyer Richard S. Lawson
These are just some of the possible defenses an experienced attorney may utilize to help you resolve your charges. The Law Offices of Richard S. Lawson has over 20 years of experience in driving under the influence related charges and an attorney from our firm can bring this expertise to your case. We may be able to use the information from your arrest to build a strong enough defense to lessen or eliminate your charges.