Georgia DUI Defense Process:
Any DUI lawyer Decatur GA residents could turn to will tell you that the process of being charged and prosecuted for a DUI is a complicated one. It involves just about every element that could be involved in a criminal case.
The simplest way to think of defending a DUI case is this “there are a hundred things the government has to do correctly before you are found guilty of driving under the influence and in any given case, regardless of the facts that started the case, the government will fail to do one of these things right, it is at this point DUI cases are dismissed.” Andrew Lynch, DUI lawyer Decatur GA.
An average DUI cases starts with a traffic stop or a wreck, whatever the reason law enforcement attention is focused on you.
Start of the Investigation:
The officer is generally certified in standardized field sobriety tests. Their investigation begins the moment their attention turns to you and your vehicle. The officers are trained to note evidence of alcohol impairment in your driving both before and after they perform a traffic stop.
Next they are trained to note how you appear and respond once you begin speaking with the officer, how soberly you are able to respond to requests, and remove yourself from the car. From the time of the stop you are being evaluated for signs of alcohol or drug impairment.
Once out of the car, generally the officer will request you to voluntarily consent to field sobriety evaluations. The standard order of these are the Horizontal Gaze Nystagmus (HGN), walk in turn evaluation, and the one leg stand. Many officers after completion will request you to blow into a portable breath test (PBT). This is not the state administered breath test that can cause you a license suspension, that breath test comes after arrest. The PBT is a tool designed to ensure the officer’s are not mistaking a medical emergency for alcohol impairment. The blood alcohol content results are not admissible in court against you.
After being stopped, interviewed, and evaluated by the police an officer has to decide if he has probable cause you are Driving Under the Influence. If the decision is that you are you will be placed under arrest.
Implied Consent Rights:
In Georgia, immediately after being arrested you are entitled to be informed of your implied consent rights. Basically, this is the time you either consent to a search of your blood, breath, or urine for blood alcohol or you refuse. Implied consent warnings are confusing, but are intended to let you know what effect consenting or refusing the test will have on your ability to drive in Georgia.
Breath, Blood, or Urine Test:
If you consented to the officer’s request for a breath, blood, or urine sample you will be taken to the intox room or the hospital for a blood test. You an expect the results from this test to be used against you at future court dates.
As you can see, DUI cases are complex and detailed. If at any point in the process the officer makes a procedural, constitutional, or scientific area the entire case against you can fall apart.
Contact a DUI lawyer Decatur GA Can Trust!
If you are facing prosecution for Driving Under the Influence you should consult with an experienced DUI lawyer Decatur GA trusts as soon as possible. Contact us today: call 404-373-7735!