A significant factor the court considers before convicting you of a DUI is whether the police violated your rights. The improper procedure might invalidate the case against you, and it happens more often than you think.
If you face a guilty conviction for driving under the influence, see below for some potential areas of defense. Nothing is a guarantee during a DUI trial. Giving up should never be your first choice.
Lacking probable cause
Police must have probable cause to pull you over. Suspicion is not a sufficient cause. They must provide a valid reason for the traffic stop. Also, even if they have probable cause to pull you over, they must produce an additional reason for their DUI arrest. Probable cause to pull you over does not mean they had the right to arrest you. This gives you two areas where you can question the constitutionality of your arrest.
Improper testing
If law enforcement misused or improperly administered tests against you, the court might throw out the evidence. You must prove someone mishandled the test results at some point in the investigation. Georgia has an implied consent law for breath tests, but they still must follow the procedure.
Did not recite the Miranda Warning
There are some misconceptions about the police informing you about your rights. After the police have probable cause to pull you over, they do not have to recite the Miranda Warning until they arrest you and plan to interrogate you. Any information you give before this point does count against you, so keep this in mind for the future.
Even when the evidence seems stacked against you, there is a chance to beat a DUI charge. In most cases, you should not plead guilty until you exhaust every strategy.
