Decatur DUI Attorney
Anyone who has ever been convicted of a drunk driving charge and can attest to how much of a devastating impact this penalty can have on a person’s life. Depending on the circumstances of the case, a driver who is convicted of DUI can end up with a sentence that includes loss of their driving privileges, steep fines, and even jail time if they have prior convictions. This is why anyone who has been charged with drunk driving should contact a DUI attorney in Decatur, Georgia for legal assistance in defending against these charges.
At the Lynch Law Group, our Decatur DUI attorney works diligently to defend our clients against drunk driving charges, advocating to get the best outcome based on the circumstances of the case. There are several valid defenses against DUI charges and our legal team evaluates each case to determine what factors may be a valid defense. The following are some of the most common:
The Traffic Stop Was Illegal
Police in Georgia are not just allowed to stop any driver whenever they want. An officer must have reasonable cause in order to pull a driver over. Some circumstances that fall under reasonable cause include seeing the driver violate a traffic law, such as running a stop sign or there is something wrong with the vehicle, such as a brake light that is broken. If the officer did not have reasonable cause for stopping the driver, their Decatur DUI attorney can request the court suppress all evidence that resulted from the illegal traffic stop.
Search and Seizure Was Illegal
The Fourth Amendment of the Constitution states that police cannot search your vehicle without a search warrant. However, in situations where a driver is stopped by law enforcement, if the driver consents to the search, then it is considered a lawful one. Police can also search a vehicle without a warrant if they feel their safety is at risk and the driver may have a hidden weapon. Police can also search a vehicle without a warrant if they place the driver under arrest for drunk driving and they search for alcohol cans or bottles. However, if the driver does not consent to have their vehicle searched, but has otherwise been cooperative and not placed under arrest, the police are not allowed to search the vehicle. If they do, then any evidence can be suppressed.
Field Sobriety Tests Inaccuracy
A Decatur Attorney knows that multiple studies have shown that field sobriety tests are basically subjective in nature and are often affected by the driver’s mental state and health condition. They type of footwear a driver is wearing, uneven pavement, and flashing lights, especially at night, can all cause a person to “fail” the test in the judgment of the police officer conducting the test.
Have You Been Arrested?
If you are facing drunk driving charges, contact The Lynch Law Group to speak with a Decatur DUI attorney to find out what legal options you may have in fighting against these charges. Call our office today.
