Being charged with driving under the influence (DUI) of alcohol and other drugs can affect your life significantly, including high insurance rates and penalties. According to Georgia laws, a DUI charge may be be brought when a driver’s blood alcohol concentration (BAC) is 0.08 or higher, 0.02 or higher for drivers under 21 and 0.04 or higher for drivers in a commercial motor vehicle or with no state test, if the arresting officer believes the driver is less safe because of alcohol or drugs.
However, you can fight this charge, and here are two potential defenses you can use:
1. The traffic stop wasn’t legitimate.
A police officer may need a valid reason to stop you. They are well-trained in identifying suspicious behaviors that give them a reasonable cause to stop a driver. If you were following traffic rules, but the police stopped you because you were coming from the side of a bar or had parked outside one, you may use an illegal stop defense if they charge you with a DUI.
2. Inaccurate field sobriety tests (FSTs) were used.
When the police believe you are drunk after stopping you, they may conduct field sobriety tests (FSTs). These may include the walk and turn, horizontal gaze nystagmus, one-leg stand, the walk the line and so on. It’s not mandatory to take these tests, but if you volunteered and failed, you may challenge them.
Several factors can make you fail FSTs even when you are not intoxicated. For instance, the officer may have failed to perform the tests appropriately, perhaps they didn’t adhere to a guideline (s) set by the National Highway Traffic Safety Administration (NHTSA). Physical or mental conditions and the noise on the road, or even your nerves may have overwhelmed you.
Defending a DUI and preventing it from being on your record is necessary. It will be best to learn more about your case to avoid the consequences of this charge.