Many people call my office and ask if there was probable cause for the arrest in their case. Without probable cause, the DUI arrest in Cobb County will be invalid. It is extremely important to hire a DUI Lawyer in Cobb County GA to properly investigate your case and your potential defenses.
A law enforcement officer must have specific, articulable facts that support his decision to place you under arrest for DUI in Cobb County, GA. Typically, these facts include observations of impairment such as the smell of alcohol on your breath, open containers, slurred speech, bloodshot eyes, and your performance on field sobriety evaluations. The officer can also use your responses to his questions and any other statements you make.
You are not required to answer any questions or perform any field sobriety tests. If you submitted to any field sobriety tests, it is important that you contact a DUI lawyer in Cobb County GA to evaluate your case to determine any available defenses. Law enforcement officers must be properly trained and certified in field sobriety testing and only certain clues can be used in making an arrest decision.
In order to make an arrest, the officer must have a reasonable belief that you were under the influence of alcohol to the extent you were less safe to drive and that you were operating a moving vehicle. If appropriate given the facts of your case, a motion can be filed challenging your arrest due to lack of probable cause. A DUI Attorney in Cobb County GA will utilize this hearing to gain vital information about the officer, his or her training, and the stop and subsequent arrest that will be essential in defending your case.A DUI attorney in Cobb County GA knows how to best utilize this hearing to get information on the record, which can later be used at trial. This hearing has a lower burden of proof than required at trial and the State must only show that it is more likely than not that you were driving under the influence of alcohol.
Many of the officer's observations of impairment will only show a likelihood of the presence of alcohol but will not show, on their own, that you were actually impaired, and more importantly, impaired to the point that you were a less safe driver. If you were pulled over for a headlight or tag violation or another non-moving violation, it may be difficult for the State to show that you were less safe to drive.
If you were in a car accident in Cobb County, the accident itself can be used to show you were less safe to drive depending on the circumstances of the accident. Your behavior after a car accident can be mistaken for clues of alcohol impairment and can also affect your ability to perform field sobriety tests. This can be a successful argument at a motion hearing to show that these observations stemmed from impact during the accident and were not reliable clues to support an arrest decision. On the best DUI Defense Attorneys in Cobb County can properly evaluate your preformance on field sobriety tests.
If no probable cause existed to legally arrest you, the arrest itself will be suppressed along with any chemical tests you submitted to. This can lead to a more favorable plea negotiation or even a full dismissal of the DUI charge against you. It can also lead to a reduction of your DUI to Reckless Driving.
If you are arrested for DUI in Cobb County, GA, contact an experienced Cobb County DUI Defense Attorney today.