When you find yourself handcuffed in the back of a police car facing a DUI charge, it can feel like the end of the world. It’s important to understand that these are serious charges, but hope is not lost. You may be able to challenge the charges against you to have them reduced or even dismissed. However, it’s imperative to understand that trying to achieve these results without the assistance of a Cobb County DUI lawyer can lead to less than favorable outcomes. As such, the following blog explores what you must know about fighting to have your DUI charges reduced or dismissed in Georgia.
What Warrants a DUI Charge?
In Georiga, you can face a DUI charge if you are pulled over and it’s determined that you have a blood alcohol concentration (BAC) of 0.08% or higher. This is known as a DUI per se, as the officers do not need further evidence that you are intoxicated. This is because 0.08% is the legal limit.
It’s important to understand that you can still face a DUI charge even if your BAC is below the legal limit. If you exhibit signs of intoxication and have a detectable amount of alcohol in your system, you can face criminal charges. This means you may have a BAC of 0.05%, but if you are swerving on the road and slurring your words, the police can arrest you for intoxicated driving.
Underage drivers in Georgia will face even stricter rules as per the state’s Zero Tolerance Policy. As such, any driver under 21 with a BAC of 0.02% or higher will face a DUI.
How Can I Get My DUI Reduced or Dismissed?
If you are charged with a DUI, it’s easy to feel helpless. However, it’s important to understand that you have legal options during this matter.
The first option to have your charges reduced is to accept a plea bargain. This essentially means that your attorney and the prosecutor will negotiate a deal in which the charges against you are reduced in exchange for entering a guilty plea. Though you will still have a criminal conviction, the penalties you will be charged with will be much lower. Typically, a DUI offense will be reduced to reckless driving.
However, you may also be able to have the charges against you reduced or dismissed by challenging the prosecution’s case. For example, you’ll find that if the police pull you over for no reason, it may constitute a Fourth Amendment violation. As such, your attorney can fight to have the evidence collected against you deemed inadmissible in court. This can weaken the prosecution’s against you, which could result in the reduction or dismissal of charges.
If you want to fight the DUI charges against you, your best chance at receiving a favorable outcome is to work with an experienced criminal defense attorney who can help you fight. At Miller Law Practice, LLC, our team is ready to represent you. We understand how difficult these matters can be, which is why we will explore all possible avenues to help you in this time of need. Contact us today to discuss your circumstances with a member of our firm.