Rule #1 - You are allowed to drink and drive as long as you do not drink too much. This part of the law is often overlooked by the police, prosecutor and judges but it is the law. It is lawful to drink and drive as long as you do not cross the line. In your case, the prosecutor has to prove that you were impaired and drank too much to drive. Your DUI lawyer only needs to show there is reasonable doubt that you drank too much. In other words, your lawyer will need to show you never crossed the line from legal drinking and driving to unlawful drinking and driving. 3 most important parts to every DUI defense Driving - Your lawyer needs to show that you drove in a normal manner and were not impaired. You may have received traffic tickets but these can be from normal traffic violations or caused by distracted driving, not drunk driving. Field Test - This series of coordination and eye test are highly suspect and rely on tricks to make you fail. You lawyer needs to point out the unfairness of the test and show the jury how you performed normal coordination when the police were not trying to trick you. Breath test - The state of GA is now using its 3rd type of breath machine on its quest to find an accurate breath machine. With every machine the State has stated the machine is accurate and reliable. Yet they continue to shell out hundreds of thousands of dollars to upgrade to fancier and more advanced machines. Why should we trust the results now? Did the police even follow the proper procedures or protocols? Get evidence thrown - If the police did not follow proper procedure or protocols the judge may toss out evidence that was obtained after a break in proper protocols. Win on this issue and you can win your case without even going to trial. Using this defense strategy your lawyer can paint a picture of someone that did not cross the line and go from lawful drinking and driving to unlawful drinking and driving. If you face a DUI in Marietta, Cobb County or Atlanta and would like to discuss your defenses, give me a call.
