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4 possible defenses to DUI charges

Imagine driving home one night after dinner with friends. You see the red and blue flashing lights of a police car in your rear view mirror and pull over. Instead of going home that night, you wind up in handcuffs at the police station, arrested for drunk driving.

In this situation, which many people across Atlanta have faced, it can be easy to feel ashamed and hopeless. However, you must understand that being charged with DUI is not the same as being convicted. You are innocent until proven guilty, and you have the right to defend yourself. In order to do this, you may think about mounting one of the following four defenses to DUI charges.

  1. Your rights were violated when the police officer pulled over in the first place. Police must have probable cause to pull drivers over. If you have reason to believe the stop itself was improper, charges resulting from that stop could be challenged and dismissed.
  2. The tests you were given were faulty. Field sobriety tests and breath tests aren't always accurate. This is often the case when police are not properly trained in administering the tests or if the equipment is not maintained. Under these circumstances, any result could be called into question.
  3. You had no choice but to drive under the influence. This defense can be very complex, because you must argue that the risks of abstaining from driving outweighed the risks of driving drunk.
  4. You were not intentionally under the influence. For instance, if you drank alcohol without knowing it or if you had the reasonable expectation that intoxication from substances like prescription drugs or alcohol should have worn off by the time you got behind the wheel, you could have an effective defense to charges.

These are just a small sampling of the various defenses to drunk driving that person may pursue, but they should highlight some of the arguments that defendant can make to avoid DUI convictions

In order to discuss defense strategies like these in more detail, it can be critical that you consult an attorney as soon as possible if you have been arrested for DUI in Georgia. 

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