Though a DUI charge may not seem as severe as other crimes due to the fact that it’s often charged as a misdemeanor, it’s essential to understand that this will follow you for the rest of your life. A DUI cannot be expunged, meaning it will remain on your record forever. Doing what you can to beat a DUI charge is vital to keeping your record clean. If you’re facing a drunk driving charge, it’s essential to keep reading to understand what possible defenses you can rely on with the assistance of a Cobb County DUI lawyer.
What Constitutes a DUI?
In Georgia, anyone found in actual, physical control of a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher or any amount of marijuana or other illegal substances in their urine will face a DUI charge. However, you can still receive a DUI if your BAC is less than 0.08%, but you still show signs of inebriation. In most instances, a DUI is a misdemeanor charge.
However, if you have four DUIs within ten years, cause severe injury or death, or try to evade the officer attempting to pull you over, you will face a felony DUI.
If it is your first offense, you will face a minimum of ten days in jail, a $300 fine, and a twelve-month license suspension, among other fines. A felony DUI can result in five years in prison and a $5,000 fine.
Are There Any Possible Defenses to Help Me Beat a DUI Charge?
Whether you’re guilty of the alleged crime or not, understanding what possible defenses can help you navigate these charges is essential to protecting yourself.
Most commonly, the police officer has no probable cause to pull over a vehicle. Without probable cause, such as speeding, swerving, or running through stop lights, any evidence collected at the scene, such as a high BAC or anything you’ve said to the police, cannot be used against you in court. This constitutes a Fourth Amendment violation, which protects you from unlawful searches and seizures.
Another possible defense that others use is that the breathalyzer device, which is the technology law enforcement uses to measure the blood alcohol concentration of a suspected drunk driver, was defective. This could be because the device was not calibrated properly, the officer conducting the test did not know how to properly administer the test, or because the device is broken.
When facing a DUI charge, understanding what you can do to protect yourself is essential. With the help of an experienced attorney, our dedicated legal team will examine the circumstances of your case and can help fight for you. Contact us today to learn more about how we can help you.