A Focus on the Defenses to a DUI Charge in Atlanta

Atlanta Municipal Court

As an Atlanta DUI Lawyer, I speak with many people on a regular basis who have been arrested for driving under the influence within the city of Atlanta.

Many times a person who has been arrested for driving under the influence is under the impression that they have to plead guilty in the case. This couldn't be farther from the truth. Every case is very different from the next. However, there are always defenses that may apply in every case.

Each case has different facts and different legal issues that will need to be evaluated.The goal of every Atlanta DUI Attorney within our firm is to determine which defenses apply in each case. In today's post, I will focus on the most common legal defenses in cases involving DUI in Atlanta.

Legal Defenses to DUI

To make the defenses simple and easily approachable, there are questions I ask clients after reviewing the evidence in their particular cases. Each case is different, as I mentioned above, but these are some of the most common questions I ask of the client and as I review the reports and arrest footage.

• Did the officer have a valid reason to initiate a stop to begin with?
• Was the stop the result of a roadblock, and if so, did the Georgia officer follow the proper legal procedure?
• Were there field sobriety tests conducted, and if so, were they conducted according to proper legal procedure?
• Was the driver properly and legally advised of their implied consent rights?
• Was the vehicle searched, and if so was the search lawfully conducted?
• Did the officer have probable cause to arrest the driver for DUI?
• Was a breath test administered, and if so was the machine working properly?
• Was a blood test administered, and if so was it lawfully conducted?
• Did blood or urine tests show prescription drugs, and were drug levels within the therapeutic range or the abusive range?
• Was the client told of their right to a private chemical test?
• Was the officer properly trained to make DUI Arrests?
• Did the officer have a disciplinary record?

Practice Note

This list is by no means extensive. There are many more defenses to a DUI charge in Atlanta. If you have been arrested, call our offices today.