Common Defense Strategies

Each DUI case is different in the state of Georgia, but there are a few common defense strategies that most lawyers use. Here are some of the most common approaches to defending your DUI arrest in Georgia courts.

Blood Alcohol Test accuracy

One of the most important pieces of evidence for the prosecution in a DUI case is the chemical blood or breath test.  Although an important piece of evidence gathering for the State, these results are not always reliable or accurate.  We can question the calibration of the machine, the methodology of testing and the chain of custody.   We can investigate the training of the officer or phlebotomist in administering the test or toxicologist analyzing the results.

Faulty Breathalyzer

Sometimes a breathalyzer test can be administered incorrectly, or it can pick up a faulty result based on certain medical conditions, dietary restrictions or medications.

Field Sobriety Test accuracy

As discussed in our previous blog, field sobriety tests are wildly inaccurate. If you were subjected to one of these tests, it may be a cause for doubt in the reliability of the results.

Actual Physical Control

There may be a question about whether you were actually in physical control of the vehicle during the traffic stop. Depending on the circumstances of the arrest, we may consider this defense.

Traffic Stop legality

In Georgia, an officer must have reasonable suspicion to pull a vehicle over, which often (but not always) involves a valid traffic infraction. If the officer pulls a vehicle over without reasonable suspicion, the evidence obtained in the stop can be suppressed.