DUI Invalid Arrest Georgia
To make a DUI arrest, the police officer must have proof that you are under the influence of alcohol and/or drugs. This can be based on your driving patterns, appearance, behavior, and performance on the field sobriety tests. Failing the roadside breathalyzer test could also be probable cause for an arrest.
The problem with much of this evidence is that it is entirely subjective. For example, if the officer already thinks you are intoxicated, his or her scores on your field sobriety tests may reflect this bias. Additionally, some of the signs of intoxication, such as bloodshot eyes, slurred speech, and the smell of alcohol, may be caused by other conditions.
Unlike the evidentiary breathalyzer conducted at the police station, the roadside breathalyzer is entirely voluntary. In fact, because it is not as accurate as the official breath test, the roadside breathalyzer reading cannot be entered as evidence during the trial. It is used only to determine if there is probable cause to make an arrest. However, factors other than alcohol could cause a person to test over the legal limit on this test. The officer must perform a 15-minute observation period before administering the test to ensure the driver does not vomit, belch, or hiccup, as this could affect the test results. If he or she does not wait 15 minutes before giving the test, the test results may be inaccurate and inadmissible as evidence.
With some of the top DUI defense lawyers in Georgia, Head, Thomas, Webb and Willis can aggressively defend you against the accusations of drunk driving. Working with a team of investigators, we will evaluate your case to determine if the arrest was invalid. If it was, your charges may be thrown out and you can resume your normal life.
Learn how we can defend you at this difficult time. Please fill out our online contact form or call our 24-hour number today to receive a FREE consultation on your DUI arrest, a FREE license appeal letter, and a FREE copy of the highly-regarded DUI Book, authored by partner William C. Head.
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