Tybee Island DUI Lawyer

Challenging a DUI Charge

Challenging a DUI charge is no easy task, and it can push you to the brink if you are not properly prepared to handle it. Upon being arrested, you may already feel like you won’t have any options to defend yourself. You might feel like the world is crashing down around you. However, hiring an experienced DUI lawyer can be the most important decision you make throughout this process. It is important that you think it through and find a lawyer who you can trust.

In Georgia, you are considered legally drunk if your blood alcohol content (BAC) is found to be 0.08% or higher. If you are behind the wheel while drunk, you are going to be arrested for a DUI. Whether you can fight those charges or not depends entirely on the details of your case and the skills of your lawyer. You are afforded certain rights under the Constitution, and these include your right to remain silent and your right to retain legal counsel.

Upon arrest, your first move should be to contact a lawyer and get started on building your defense strategy. You don’t have to answer any questions from the police, no matter how much they try to guilt or intimidate you into answering them. It may be a wise move to say nothing in front of the police without your lawyer present. When arrested, you may undergo certain tests to further check your BAC, and you can challenge the results of those tests in your defense. Here are some defense strategies that you may use:

• Reasonable Suspicion: It is important to remember that the police can only legally pull you over if they have reasonable suspicion that a crime is being committed, including suspicion of drunk driving. If the police witness you swerving through traffic, braking erratically, making unusually wide turns, or driving extra slowly under the speed limit, that can be considered reasonable suspicion. Otherwise, it may be an illegal traffic stop.
• You Were Not Driving: To arrest you for driving under the influence, the police actually have to witness you driving the car. It is not enough for them to find you stopped on the side of the road, drunk in your car, or sleeping in it. If the police arrest you in that case, your lawyer can try to claim that you weren’t actually driving when you were arrested. The police may then have to prove that you were driving, which they won’t be able to do.
• Illegal Search: You are protected by the Constitution against illegal search and seizure. Unless law enforcement officials have probable cause for a crime or a warrant, they cannot legally search your home or vehicle without your consent. However, once you give that consent, they can search anything they want. This includes searching your vehicle for evidence of a DUI.
• Inaccurate Sobriety Test: When you are pulled over on suspicion of drunk driving, one of the strongest pieces of evidence that the police have against you is your field sobriety test results. These tests are not infallible; if they are administered incorrectly by your arresting officer, the results can be totally inaccurate. You can always challenge the results or the officer who gave you the test.

FAQs

Q: Can a DUI Be Dismissed in Georgia?

A: Yes, it is possible for a DUI charge to be dismissed in Georgia. However, it is also unlikely. For your charges to be dismissed, the prosecution has to drop all charges against you. For that to happen, they must have a very weak case, little evidence, or evidence that was gathered in violation of your constitutional rights. Your lawyer can certainly try their hardest to get your charges dismissed, however.

Q: What Is a Good Scenario for a First-Offense DUI?

A: A good scenario for a first-offense DUI would be to learn that the arresting officer made a mistake when they arrested you initially, and due to that mistake, all charges are dropped. As fantastic as that news would be, it is an unlikely scenario to rely on. Realistically, your strongest chance lies with hiring an experienced DUI lawyer and building a strategy based on the facts of your case.

Q: Can You Plead Down a DUI in Georgia?

A: Yes, it is possible for you to plead down a DUI in Georgia. However, to do so, several factors must be considered, including:

• The details of your case
• Whether your DUI hurt anybody
• Your past criminal history
• Whether the prosecutor is willing to consider a plea bargain

If the cast against you is strong and you don’t want to risk maximum penalties, you may want to consider a plea bargain.

Q: What Can a DUI Be Reduced to in Georgia?

A: Generally, a DUI is reduced to a reckless driving charge, but that largely depends on the details of your case and your past criminal history. Working out a plea bargain with the prosecuting attorney is the only way to get your DUI reduced to a lesser charge. If their case against you is weak, they will be more likely to accept a reduction in charges.

Reach Out to a Lawyer Today

Facing a potential DUI conviction can feel terrifying and frustrating. Hiring an experienced DUI lawyer may be your only way to avoid such a conviction. Jarrett Maillet J.D., P.C., knows the kind of legal assistance that you will need to fight your DUI charges. We can build your case, develop a defense strategy, and make sure you aren’t taken advantage of. Contact us to schedule a consultation soon.