Can You Have a DUI Dismissed in Atlanta?

DUI accident attorneys understand the significant impact a conviction can have on your life and future. At the Law Offices of Matthew C. Hines, our Georgia DUI lawyers will work to help you get the best possible outcome for your case. While there are no guarantees, there are things that can be done to have these charges reduced or, in some cases, dismissed. 

In 2007, the total number of DUI convictions in the state of Georgia was 41,739. In 2020, it had dropped to 12,008. This reduction is attributed to quality representation from experienced DUI accident attorneys. 

If you want the best chance of having your DUI charge reduced or dismissed, it’s smart to call an attorney as soon as possible. Learning more about the state’s laws and your options is also a good idea. 

Going to Court for DUI Charges

After being arrested for DUI, hiring an attorney should be a priority. You can also have a public defender appointed to your case. It’s best for you to say nothing and allow your attorney to do the talking. 

However, if you waited for your arraignment date and went without legal representation, you have already made two mistakes that can seriously hurt your case. These include:

• You lost your right to drive for 12 months because you missed the 30-day deadline to file the DDS Georgia appeal of your administrative license suspension or choose to install an ignition interlock device for 12 months. 
• It’s required you file any challenges against the State’s evidence within or 10 days after your arraignment. If this isn’t done, you must find an attorney quickly to come up with legal defenses for your situation. 

Trying to represent yourself in criminal court and fight your DUI charges isn’t recommended. If you don’t have experience with the legal system, the likelihood that you will get a positive outcome for your situation is extremely low. Don’t risk your future or freedom. Hire our Georgia DUI lawyer immediately to avoid missing important deadlines and build an effective defense for your DUI charges. 

Beating Your Georgia DUI Charges 

There are ways to beat your DUI charge. However, knowing what steps to take ahead of time is required to ensure you have the best opportunity for success. Some of the things you should and should not do are found here. Taking the right steps may even result in your charges being dismissed. 

Remain Silent 

You should never say more to the police than the law requires, which is for you to provide your name and address. If you continue to talk and answer questions, it reduces your potential for a successful case. Even if there is evidence that may be helpful to your case, if you act in an outrageous manner or say too much, it may not be enough. 

Never yell at the officers or act out. Stay silent and calm. Today, most DUI arrests include officers with body cams or police vehicle cameras. This evidence will be accessible to your attorney to show exactly what happened. 

According to the U.S. Supreme Court, the only information you must provide is your name and address, which should be on your driver’s license. Don’t give the police additional evidence to use against you. Don’t talk, ask questions, or disagree with the attorney. 

Field Sobriety Tests Are Voluntary

You should not agree to any roadside verbal tests, evaluations, or exercises. These are completely optional. 

Be ready when this situation occurs and know what to do if the officer tries to pressure you into taking a field sobriety test. The field sobriety tests that may be requested include:

• Reciting the alphabet
• Walking the line
• One-leg stand
• Eye test

If you agree to these tests and evaluations, the prosecution in your case will use the results as evidence of your DUI charges. 

You should agree to no type of roadside sobriety screening. These field sobriety tests are unscientific and voluntary. There have even been situations where innocent people are convicted of DUI because of these tests. 

Don’t Agree to Blow into a Portable Breathalyzer on the Roadside

If you want a chance to beat your DUI charges, decline taking a roadside breathalyzer test using a portable or hand-held breath test device. In the state of Georgia, these devices aren’t considered approved for forensic purposes. Also, there’s no waiting period used. 

While the results aren’t admissible in court, the officer who arrests you can testify that your test results were positive. If the jury hears this, they may think the worse automatically. If you want to avoid being convicted, decline these tests. 

Never Resist Arrest 

Never try to resist the officer when being arrested. Be quiet and cooperative. After being arrested, requesting your attorney is smart. If you resist, you may face DUI charges along with obstruction or resisting arrest. This can result in much more serious criminal issues. 

Don’t Assume Privacy When in the Police Car

You should never assume that you have any level of privacy when inside a police car. Modern vehicles may have video, and audio recordings focused on tracking what you do and say. Don’t use your phone or act drunk. This can all be used against you. 

Why Your DUI Charges May be Dismissed

There are a few situations when your case is likely to be dismissed. These include:

DUI Checkpoint Mistakes 

Some police officers don’t follow the rules at DUI checkpoints. If this happens, your case may be dismissed. 

Not Showing Probable Cause to Arrest You 

Some police stop drivers without probable cause to do so, which violates Georgia law. If there’s no evidence that you were breaking the law, the arrest may be inadmissible in court. 

Mistakes with the Breathalyzer Test

The error rate of field breathalyzers ranges from .005% to .02%. If there are mistakes, then breathalyzer information will be removed from being considered, resulting in the case being dismissed. 

Failure to Prove You Were Driving Under the Influence

Police must prove you were driving a vehicle while intoxicated. If they cannot do this, your case will be dismissed. 

Medical Related Test Inaccuracies 

Sometimes, a breathalyzer test can be inaccurate due to medical reasons, such as medications or certain diseases. Being in ketosis can cause this too. 

Hire a DUI Accident Attorney to Help with Your DUI Case 

Hiring an attorney as soon as possible is a must if you are arrested and charged with DUI. The attorney you hire will review the facts of your case, gather evidence, and more. They will aggressively fight to have your charges reduced or dismissed completely. 

While this isn’t always possible, with an attorney from the Law Offices of Matthew C. Hines, you can feel confident that you have someone fighting for your rights. We will work hard on your behalf to help you beat the charges you are facing. Get in touch today to schedule an initial consultation.