How to Beat a DUI Charge in Cobb County GA
If you or a loved one have been charged with DUI in Cobb County, it is important that you understand a DUI charge is not the same as a DUI conviction! You have rights that most be protected before, during, and after arrest. Our team of Cobb County DUI Attorneys have been successfully defending DUI drivers for over 50 combined years. Call now and see how we can make a difference in your case.
You Have Options When Charged with DUI
Every DUI case has numerous defenses our DUI Attorneys in Cobb County will explore to see if they apply to your case. Some of the defenses we will explore include, but are not limited to:
1. Inaccurate Breathalyzer Results
Many people ask whether they are required to take the roadside Breathalyzer test when pulled over on suspicion of drunk driving. You have the right to decline to take the Breathalyzer test. However, if you did take it and blew over the limit, we can help. Breathalyzers have to be calibrated regularly and their maintenance must be diligently recorded. Furthermore, the officer handling the Breathalyzer must have been accurately training in how to perform the tests. If there are problems with any of the above, our lawyers will take advantage of those mistakes! In addition, there are other factors that could cause a reading over the limit including using mouthwash recently, cough syrups, and even using an asthma inhaler.
2. Breath or Blood Testing
There are several different ways your lawyer can defend against the accuracy of blood or breath test results. One of the ways is challenging the chain of custody for the blood test. Another way is by investigating the maintenance of the machines used. If either are discovered to be lacking, then that evidence may be inadmissible. As experts in DUI defense, our DUI Lawyers in Cobb County know how to defend against over the limit test results.
3. Lack of Probable Cause for Initial DUI Stop
Police DUI stops must be supported by probable cause. There must have been a legal reason for the officer to have pulled you over in the first place. If the officer did not have probable cause for the stop, your Cobb County DUI Lawyer can file a motion to have any evidence suppressed based on that illegal stop. Suppressing key evidence can significantly increase the chances of getting a DUI charge dismissed.
4. Unlawful Field Sobriety Testing
Standardized Field Sobriety Tests (SFST) include the walk and turn test, one leg stand, and the horizontal gaze nystagmus. These tests can be difficult to complete accurately under ideal conditions, much less when drivers are nervous or it is dark outside. We encourage our clients to politely decline to participate in the field sobriety tests. However, if you have already participated, we can still help! We can argue there were contributing factors that led to your poor performance including bad lighting, uneven road conditions, nervous, lack of coordination, poor balance, or improper shoes.
5. DUI with No Proof of Driving
One of the key elements needed to prove you were driving under the influence is that prosecutors must prove you were driving the vehicle. Proving DUI with no proof of driving can be a challenge for prosecutors if police found you in a parked car or never saw you in actual, physical control of a moving vehicle.
Contact Us Today
These are just a small glimpse of some of the Georgia DUI Defenses our Cobb County DUI Lawyers case use to defend your case. If you have any questions, please call us today.