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What are your options for fighting a DUI charge in Georgia?

On Behalf of | Nov 26, 2021 | DUI

If you are accused of a DUI, you have several options for defending against the charges. The way you defend yourself will depend on the facts of your case.

Out of the ways you can defend yourself against a DUI, you can break down the options into categories. These categories include:

  • Defenses based on medical conditions
  • Defenses based on the traffic stop and circumstances of arrest
  • Defenses based on the evidence

Here is a little more information on each one.

  1. Defenses based on medical conditions

To start with, you may have defenses based on your medical conditions. For example, if you have diabetes, GERD or reflux, these conditions may influence the Breathalyzer test results. Similarly, you may fail field sobriety tests if you have conditions like vertigo or neurological disorders.

  1. Defenses based on the circumstances of the traffic stop

Another kind of defense to use is one based on the circumstances of the traffic stop. Did the officer have a legitimate reason to stop you? If not, then any evidence collected may not be able to be used in court.

  1. Defenses based on the evidence

You may also have a strong defense based on the evidence that was collected. For example, if the Breathalyzer test was not given by someone trained to do so or you can show that the results were not within a margin of acceptable error, then you may be able to have the evidence restricted from the case.

Your attorney will also need to check on the evidence to be sure that it has been handled correctly by the police and laboratories involved in the case. Sometimes, evidence goes missing. If that happens, then you may be able to have the case dismissed.

You may have more defensive options than you think after a DUI arrest

If you are facing a DUI, don’t think that there are no defensive options available. These and others may apply in your situation, so it’s possible to defend yourself. A good defense can go a long way toward protecting your rights and helping you avoid penalties for drinking and driving.

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