Posted by duijim in on October 31, 2022
When you’re facing a DUI case in Georgia, you may wonder, “How do I beat a DUI case in Georgia?” The first step to beating your DUI case is understanding the different components of a DUI case. These include the roadside encounter, probable cause, and roadside sobriety evaluations. The next step is learning the various defenses to DUI cases.
Test refusal laws
Refusing to take a breathalyzer test is a common way to beat a DUI case in Georgia. However, the refusal itself is not an affirmative defense against a DUI charge. The Georgia Supreme Court has ruled that any person may refuse to take the test. While the refusal will not be used against the driver in court, it may be used against the driver in a subsequent trial.
In addition to refusing a breath test, a defendant should avoid attempting any field sobriety exercises. The goal of these tests is to make you look drunk, and so the police officer will use this as evidence against you. Additionally, a breath test at the scene of an accident is not admissible in Georgia.
Online searches
If you are charged with a DUI in Georgia, you have several options for defending yourself. One of them is to hire an experienced DUI lawyer. These attorneys will analyze all of the details of your arrest and identify any possible mistakes or advantages in your case. They will also be able to explain what your options are and what they will cost you.
Almost every city in Georgia has free online arrest reviews that can analyze the details of your arrest. By analyzing your arrest, you can find out if you were legally intoxicated and if the evidence that led to your arrest is solid. This is essential if you want to successfully challenge the charges against you.
Background checks
There are many factors to consider when you’re trying to beat a DUI case in Georgia. First, keep in mind that DUI convictions never go away, so even if you were convicted ten years ago, your criminal record will still show up on a background check. This is important because most employers run background checks, and you’ll find it much more difficult to get a job with a conviction.
While DUI convictions are categorized as a misdemeanor for a first-time offender, they can become felony convictions if they result in serious injury or death. Additionally, if you’re found guilty of DUI, the prosecutor may also charge you with other criminal charges, such as vehicular manslaughter or criminal negligence. All these crimes will show up on a background check.
Refusal of a roadside sobriety test
If you are arrested for DUI, it is vital to understand that your refusal to submit to a roadside sobriety testing does not negate the validity of the law. However, refusal to submit to the test may affect your driving privileges.
The refusal charge can lead to your license suspension, but there are several defenses to this charge. For one thing, you can have the charge dismissed by arguing that the police did not follow the proper procedure and that you were not given a reasonable opportunity to take the test. Secondly, police are often overzealous, which can lead to critical errors in the police report and arrest paperwork.
Refusal of a roadside test can be an effective way to fight a DUI case in Georgia. It may save your license from being suspended, but if you fail the test, you’re likely to face an automatic one-year suspension. You can also get an administrative license suspension hearing after refusing the test. However, you must be aware that this is a significant administrative sanction.
Dismissal of charges
While you should retain a DUI lawyer, there are several ways to get a dismissal of charges. The first step is to know your rights. Many people do not understand their rights after being read an Implied Consent Notice by a police officer. Even if you were not trying to resist, your refusal to take the test could have been construed as a refusal under Georgia DUI law.
One common mistake made by DUI clients is that a dismissal means they can avoid punishment. In fact, dismissals usually mean that the driver is pleading guilty to a non-DUI offense. In most cases, a non-DUI plea will still result in a significant penalty.