Posted by duijim in on July 2, 2024
All bad choices have consequences, and being charged with DUI in Georgia could result in the suspension of your driver’s license.
Georgia DUI cases often depend on Blood Alcohol Content (BAC) test results; however, these tests may contain errors due to various circumstances and using tactics to dispute these results can be an essential element of your defense strategy.
Intoxilyzer 5000
Georgia police use an Intoxilyzer 5000 breath testing machine as part of their arrest procedures. This computerized instrument estimates an arrestee’s blood alcohol concentration (BAC).
This device uses infrared light to detect the presence of ethanol in a breath sample and convert it into evidence that can be presented against you by law enforcement authorities.
Many factors can skew readings from an Intoxilyzer 5000 machine, including certain foods. Furthermore, its manufacturer is reluctant to share details about this instrument with lawyers.
Experience is of utmost importance in selecting an Alpharetta DUI attorney with expertise in fighting the Intoxilyzer. Most attorneys have received limited 1-hour to 6-hour courses on this device; none has had physical access to Georgia’s current forensic device – the CMI Intoxilyzer 9000 with its updated features that were missing from its predecessor Intoxilyzer 5000 – yet another important consideration when selecting your Alpharetta DUI lawyer.
Video Arrests
An arrest for DUI can dramatically alter your personal and professional lives, as it not only compromises your reputation but may cause financial strain as you face legal fees, insurance premiums and missed income payments.
At the moment of being pulled over on suspicion of DUI, police begin observing and recording your behavior and statements. Even your most innocent words could later be used against you in court proceedings, so it is always advisable to exercise your right to remain silent.
On the day of your arrest, you will appear before a judge for an arraignment hearing. At this hearing, he or she will assess if all available evidence in your case – such as chemical test results and video recordings – have been provided by prosecuting attorneys to their defense team. Your Atlanta DUI lawyer will represent you at this hearing. At this point you must also announce whether or not a plea agreement has been reached with them; otherwise you have two choices if one does not exist: either transfer to State Court (where jurors will decide your fate), or waive that right to have bench trial proceedings in Municipal Court instead.
Non-Standardized Tests
Criminal lawyers defending clients accused of DUI must identify all available defenses to give their client a chance at winning their case; one area which can be successfully defended against is when charges against the client stemming from non-standardized tests are issued.
Georgia law states that you are bound by implied consent to submit to post-arrest breath and, under certain circumstances, blood tests for alcohol or drugs following arrest. There are various ways an attorney can challenge these tests’ validity and overturn their results.
Begin by challenging whether the officer properly read and understood your Implied Consent rights for state administered chemical testing, and whether they waited the required 20 minutes before administering it. Furthermore, question whether equipment was calibrated correctly; additionally you could dispute urine test results as everyone metabolizes drugs and alcohol differently and even challenge qualifications of breath test operators and equipment used during test.
Video Tapes of Field Sobriety Tests
As soon as someone is pulled over on suspicion of DUI, they will most likely be asked to perform several field sobriety tests – physical and cognitive evaluations such as walk-and-turn test, one leg stand test and horizontal gaze nystagmus evaluations – in order to provide proof that someone was driving drunk. Field sobriety tests play an integral part of any DUI prosecution because police cannot rely on blood or breath tests alone as evidence against an accused.
Problematic tests that have never been peer reviewed – meaning they have never been accepted by the scientific community – must be reviewed by a skilled Atlanta DUI lawyer in order to detect discrepancies or irregularities during testing.
Video evidence that shows an officer administering a field sobriety test improperly could be key in winning your case. These videos may be provided in your discovery packet along with the police report.