UNDERSTANDING THE IMPORTANCE OF RETAINING A “DUI LAWYER” TO FIGHT YOUR DUI CASE

The majority of DUI charges in Georgia are based upon a breath test. A lawyer representing a person charged should understand the “science” behind the Intoxilyzer 5000, and, more importantly, each lawyer should understand the deficiencies of the Intoxilyzer 5000. Most people facing a DUI assume incorrectly that every lawyer who undertakes representing a person charged of DUI understands how the Intoxilyzer 5000 operates and its weaknesses. Remember, DUI law is very complex and the science that comprises most of these cases is even more complex.

Golden Rule 2: The attorney who you choose to represent you in your case must understand both DUI law and the “science” that serves as the basis for the State’s case against you.

There are numerous legal hurdles that the State must overcome in order to secure the admissibility of evidence in a DUI case in Georgia. In most cases, it takes a trained, devoted, and skillful DUI attorney to recognize and develop these issues in order to exclude unfavorable evidence from your DUI case.

However, in many, if not most, cases, the State can lay a sufficient “foundation” for the admissibility of a breath test result. When faced with a breath test result in excess of .08, an attorney who does not understand how the Intoxilyzer 5000 operates and what the potential inadequacies of this machine are will most likely advise you to enter a guilty plea. You must retain an attorney who is willing and able to fight for you in spite of the breath test result.

Consider the following scenario: You were pulled over for weaving. You submitted to standardized field sobriety testing (one-leg stand, walk-and-turn, and HGN). You submitted to a portable breath test. The officer placed you under arrest and properly read you the Implied Consent Warning. You were transported to the police station where you submitted to a breath test. The breath tests showed that you had a BrAC level of .12. On the video recording of the stop, you appear sober, coherent, intelligent, and not at all “impaired” as a result of the consumption of alcohol.

We frequently encounter clients with this scenario, and such clients are all too frequently informed by other attorneys that they face an insurmountable obstacle because of their breath test result. This is not true. A “Per Se” DUI charge can be beaten. It is not an easy task, but it can be done.

Follow this link to learn more about the basics of breath testing in Georgia.

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