3 common defenses to a DUI charge

On Behalf of | May 4, 2021 | Firm News

Driving intoxicated is a crime that comes with severe penalties. For example, upon conviction, you may have to pay a large fine, spend time in jail, lose your driving privileges for a specific period of time and perform community service. 

In Georgia, and in all other states in the country except Utah, you could face these penalties if you drive with a blood alcohol content level at or above 0.08%, states the Governors Highway Safety Association. If a law enforcement official arrested you for drunk driving, there are defenses you could use to defend yourself and mitigate the penalties you face. 

1. Illegal traffic stop

Law enforcement officials can only stop you if they have a reason to pull you over. During your DUI case, you may be able to argue that the law enforcement official conducting the arrest did not have a reasonable belief that you had violated a traffic law. 

2. Inaccurate field sobriety test

Law enforcement officials must perform field sobriety tests a certain way for them to count as evidence. If the law enforcement official did not conduct the field sobriety test correctly during your traffic stop, the state may not have a case against you. 

3. Medical condition

Certain medical conditions and medications can mimic the same conditions as intoxicated driving. For example, a neurological condition or certain antidepressants and cough medicines can impact your behavior while driving a vehicle. 

The law enforcement official may have also communicated with you improperly during the DUI arrest, which can impact the rest of the case. Law enforcement officials must follow many procedures during arrests, and if done incorrectly, can affect the consequences you face.