Atlanta DUI Lawyer
Fighting Your DUI Charges in Atlanta, GA
The difference between an enjoyable evening with friends and an arrest for driving under the influence (DUI) is often just one or two drinks, a glass of wine or a bottle of beer. It does not take much alcohol to reach a blood alcohol content (BAC) of 0.08%, which is the legal limit. If you are found driving "under the influence" the consequences can be severe.
The Law Office of Tanya F. Miller, LLC can provide the legal expertise and skill to zealously advocate on your behalf if you face a DUI charge arising out of a stop in the Atlanta, Georgia area. Penalties can be extremely harsh for a DUI conviction - do not wait until it is too late to protect your rights.
DUI Defense Strategies
Although it may seem like your options are limited, there are many ways to defend against a DUI crime:
- Was the traffic stop legal? The law enforcement officer must have had legitimate reasons to make the stop initially. Random stops are not legitimate. Even specifically organized DUI checkpoints must pass constitutional scrutiny.
- Did the charging officer administer the field sobriety test in the appropriate manner? There are a series of testing protocols that must be followed and the failure to follow these procedures may lead to the suppression of the field test results.
- Did the officer advise you of your rights in the proper manner before making a request for a breathalyzer test? Just because you were stopped does not mean you forego all your protections as a United States citizen.
- Did the charging officer or department maintain the breathalyzer equipment in the proper manner? These machines are extremely sensitive and must be calibrated and tested within a certain period of time before the stop that led to your arrest.
- Was there another cause for your arrest, including any medications or medical conditions that may have influenced the outcome of the testing? Contrary to popular opinion, many different substances or conditions can lead to erroneous readings.
- Did the lab handling the blood testing make a mistake? Re-testing samples often shows different results, and even contamination of the sample.
There are many different ways of challenging a charge of DUI. The burden of proof remains the same as with any other criminal charge. The prosecutor must prove all elements of the crime beyond a reasonable doubt. Where people frequently go wrong is allowing the guilt that they feel for having been stopped in the first place influence their efforts to fight the charges. Do not make this mistake.
Why You Need an Aggressive Atlanta DUI Attorney
Even if your DUI crime involved something more than a just a traffic stop and there was property damage, or even bodily harm to another person, do not give up your right to a zealous defense. If you are charged with a misdemeanor DUI, you should be released within a few hours of your arrest. If you are
charged with a felony, you may have to post bail.
A thorough investigation by qualified professionals involves analysis of the scene of the stop, evaluation of the arresting officer's history and background, reanalysis of blood samples, examination of the relevant equipment, and general deconstruction of the case may lead to many avenues that can result in a favorable outcome.