Here’s a look at how we approach fighting DUI charges in Georgia:
- Challenging the Initial Stop and Probable Cause:
- Was the stop legal? Law enforcement must have a valid, articulable reason (reasonable suspicion) to pull you over. If the officer had insufficient evidence to support a valid traffic stop, any evidence gathered after the stop could be inadmissible in court. We’ll meticulously review dashcam and bodycam footage, as well as police reports, to determine if the stop was justified. This includes questioning the legality of roadblocks or whether common driving imperfections (like slightly weaving) truly warranted the stop.
- Expanding the Scope: Sometimes, an officer might detain you beyond the initial reason for the stop without reasonable suspicion of further wrongdoing. If they did, any evidence discovered later could be suppressed.
- Scrutinizing Field Sobriety Tests (FSTs):
- Voluntary Tests: It’s important to remember that FSTs are voluntary in Georgia. We’ll examine if you were properly informed of this, and if the tests were administered correctly.
- Accuracy and Conditions: FSTs are subjective and can be influenced by many factors beyond impairment, such as:
- Medical conditions or physical limitations.
- Uneven ground, poor lighting, or weather conditions.
- Officer’s training and proper administration of the tests.
- Nervousness or anxiety, which can impact performance. We can argue that your performance was not indicative of impairment.
- Contesting Chemical Test Results (Breath, Blood, or Urine):
- Breathalyzer Accuracy: While often presented as definitive, breathalyzers like the Intoxilyzer 5000 are not infallible. We can challenge:
- The calibration and maintenance records of the machine.
- Whether the officer who administered the test was properly trained and followed protocol.
- External factors that could lead to an inaccurate reading (e.g., certain medications, dental work, or even “mouth alcohol” from recent consumption).
- Blood and Urine Tests: These tests also have protocols that must be followed precisely. We’ll investigate:
- The chain of custody for the sample to ensure it wasn’t contaminated or mishandled.
- Whether the person who drew the blood was properly licensed.
- Any procedural errors during the collection or analysis.
- Implied Consent Warnings: In Georgia, officers must read you specific implied consent warnings before requesting a chemical test. If these warnings were not given correctly, or if you were coerced into taking a test after refusing, the results could be excluded.
- Reviewing Police Procedures and Constitutional Rights:
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- Miranda Rights: Were your Miranda rights read to you at the appropriate time? If not, any statements you made after arrest could be suppressed.
- Illegal Search and Seizure: We’ll ensure that all evidence was collected legally and that your constitutional rights were upheld throughout the entire process.
- Self-Incrimination: Were you compelled to provide evidence to be used against you? If so, any compelled evidence could be suppressed.
- Building a Comprehensive Defense: Every DUI case is unique. Our approach involves:
- Thorough Investigation: We’ll gather all available evidence, including police reports, dashcam and bodycam footage, witness statements, and maintenance records for testing equipment.
- Expert Witnesses: In some cases, we may consult with expert witnesses, such as forensic toxicologists, to challenge chemical test results or provide alternative explanations for alleged signs of impairment.
- Negotiation: We will explore all opportunities for a favorable plea bargain, such as a reduction to reckless driving, which carries lighter penalties than a DUI conviction.
- Trial Strategy: If a negotiated resolution isn’t possible, we are prepared to take your case to trial, rigorously challenging the prosecution’s evidence and presenting a strong defense to a judge or jury.
Don’t plead guilty without speaking to an experienced Georgia DUI attorney. A DUI conviction in Georgia carries severe penalties, including fines, jail time, license suspension, and increased insurance rates. It can also have long-term impacts on your personal and professional life.
If you or a loved one is facing DUI charges in Georgia, contact us today at Kilgore & Rodriguez for a free and confidential case evaluation. We’re here to protect your rights and fight for the best possible outcome in your case.