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How a good DUI lawyer may be able to help you beat your DUI in Augusta, GA:

1. In Augusta, GA, he may challenge the traffic stop. In order to stop a driver, an officer must have a “reasonable and articulate basis” to believe that a traffic or other law has been, or is being violated. In other words, you need to have violated a law of the road in order for the police officer to pull you over. If the traffic stop is found to be unreasonable, any evidence obtained as a result of the stop will have to be ruled inadmissible in Court. Without any evidence that you committed a crime, your DUI lawyer in Augusta, GA, will likely be able to get the prosecutor to drop the charge(s) against you. For example, if a deputy said simply that he had a “funny feeling” about a driver, he may not stop the driver without having a reason for the funny feeling which can be articulated, or described in appropriate detail.

2. Your DUI lawyer may challenge the field sobriety tests. Probable cause for the arrest can occur when a suspect driver exhibits a number of “clues” on these exercises. There is no pass or fail in GA. If there is a video, your DUI lawyer should obtain a copy and see how you did on these exercises; neither your DUI lawyer nor the court should rely solely on what is contained in the deputy’s narrative of the arrest in his DUI report. One of these tests, the eye HGN exercise, can be held inadmissible is not done in accordance with proper procedures. Also, health issues such as diabetes, feet problems, back problems, or lack of sleep can explain why you were assessed some clues on the exercises. 

3. Challenge the Intoxilyzer results. Up until recently Augusta, GA, used the Intoxilyzer 5000. An experienced DUI lawyer knows how to challenge the results. This machine does not utilize a control sample at the time of each breath testings, and experts in the field of alcohol breath testing (such as A.W. Jones and Kurt Dubowski, both PhDs) agree that this violates basic rules of forensic science. Additionally, the GBI in GA even put out a publication in which it said that this model fails to meet quality control recommendations in the field of alcohol breath testing. Now the Intoxilyzer 9000 is being used in Augusta, GA, and it too can be challenged as to accuracy.

4. Challenge the blood results. Two basic things must occur before any blood sample can be deemed accurate. One, there must be separation of the alcohol from other substances in the blood. Two, the alcohol must be quantified. An experienced DUI lawyer in Augusta, GA, should get the chromatograph to see if there is “tailing.” “Tailing” indicates a lack of separation, something that is commonly found in chromatographs in blood samples taken in Augusta, GA. Without proper separation, there can be no proper quantification, thus no valid analysis of alcohol content in the blood.

5. Your DUI lawyer in Augusta, GA, should watch for Miranda violations. Typically this occurs when the deputy asks questions of the drivers post arrest. Typically a deputy may ask how much the driver had to drink, when he drank, how much he usually drinks, from where was he coming, etc. All these statements made post arrest absent Miranda cannot be heard by the judge or jury.

6. An experienced DUI lawyer should be able to take your case to a jury if necessary. If your lawyer feels that the case should be dismissed or reduced and the prosecutor refuses, you can let a jury decide your case. Prosecutors know the lawyers who will not or cannot try a DUI defense jury trial, and for the best results to be obtained in Augusta, GA, your lawyer should have DUI jury trial experience defending drivers.

Duncan Law Firm - Located in Historic Enterprise Mill in Downtown Augusta | 1450 Greene St. | Suite 222 | Augusta GA 30901 | 706.828.7950

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