How to Get a DUI Dismissed in Atlanta, Georgia

We all make mistakes, and if the police recently pulled you over after a night of drinking, you know how traumatic it is to face a driving under the influence (DUI) charge. 

However, you are not alone, as each year, the police make about 1 million arrests across the United States for driving under the influence, as it is illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. If you are a commercial driver, your limit is 0.04%, and as a driver under the age of 21, you could face a DUI charge even with a BAC of 0.01% or 0.02%.

Regardless, now that you are facing a DUI case, the biggest question is how you can get these charges dropped and avoid a conviction that can potentially have life-altering consequences. Here, we’ll look at the legal ways to get a DUI dismissed in Georgia.

But, first things first.

Is It Worth Fighting to Get Your DUI Dismissed?

Yes, once you are charged with a DUI, you’ll be facing a criminal charge that has far-reaching impacts, and it is best to fight these charges aggressively. Top of the reasons why you need a DUI defense attorney to help you fight these charges include:

Protection of your future

A DUI conviction will leave you with a criminal record, not to mention other legal penalties like fines and losing your driver’s license. This may taint your reputation freedom and limit job opportunities available to you.

Room for reduced penalties

Contesting a DUI is worthwhile as even when the evidence against you is strong and the case cannot be dismissed; it is still possible to argue for reduced penalties. This will lessen the burden you have to bear and may save you from having a criminal charge on your record.

Grounds for Getting a DUI Charge Dismissed

A DUI charge in Atlanta, Georgia, doesn’t have to ruin your life when there are potential grounds for having your case dismissed.  Since each DUI case is unique, it is best to consult a DUI attorney to evaluate the facts of your case and determine the best defense options to increase the chances of a dismissal.

The potential grounds for a DUI dismissal that a DUI lawyer can explore are:

Challenging the accuracy of field sobriety tests

Law enforcement officers use field sobriety tests to determine if a driver is too impaired to drive. The three main tests used are the horizontal gaze nystagmus (HGN), the walk and turn test (WAT), and the one-leg stand (OLS). 

Despite the value and relative accuracy of field sobriety tests, they are subject to human error as the test results can be influenced by factors such as fatigue, certain medications & medical conditions like vertigo, physical disabilities, and nervousness. Your DUI attorney can poke holes into the reliability of these sobriety tests by highlighting elements that were at play when these tests were conducted, including:

• Lack of proper lighting when carrying out these tests
• The officer conducted the tests on an uneven surface
• The driver was nervous, not wearing proper shoes, or was under certain medication, which affected the accuracy of the tests

Once doubts are raised about the accuracy of these tests, you have a fighting chance that can ultimately see you get the outcome you desire.

Lack of reasonable suspicion for the traffic stop

Another legal defense that your DUI lawyer can use to have your DUI case dismissed is by looking into whether the police had reasonable cause for stopping you and making you take a BAC test or arrest you. While this can be a thin line as law enforcement officers have a multitude of reasons to pull you over for a traffic stop, from mechanical violations to speeding and erratic driving, if there was no reasonable suspicion to do this, any evidence collected as a result can be suppressed.

Once the evidence against you is suppressed, your case can be dismissed, as law enforcement officers rely on breath and field sobriety tests as their main evidence in DUI cases. Therefore, if there was no probable cause for the traffic stop, you can fight that in court and get your DUI dismissed.

Faults in the breath test procedure and results

Another way to weaken the prosecution’s case and get your DUI charge dismissed is by determining whether the right protocol was followed when taking the breath test. If the officer did anything that violated the breath test procedure, your attorney can move to have the case dismissed.

Common violations an officer might make include:

• Failure to provide a 20-minute observation period before taking a breath test
• Failure to ensure you had nothing in your mouth that could affect test results. These include gum, chewing tobacco, mouthwash, or certain medications.
• Failure to use a well-maintained breathalyzer, which creates room for false positives.
• Failure to properly administer the test

Lack of proof you were operating the car

There are instances when the prosecution cannot prove beyond reasonable doubt that you were operating the car while intoxicated. These can include:

• When you were merely in the vehicle for other purposes such as listening to music, heat, or air conditioning. In such cases, your DUI may be dismissed as, under the law, you need an intention to move the vehicle.
• When the officers arrived at the scene of a solo accident and charged you without them or anyone else seeing who was driving or the passengers in the car. 
• When the prosecutor cannot determine if you were under the influence at the time of driving. 

Violations of your constitutional rights

You also have grounds for arguing for dismissal of a DUI if the law enforcement officers violated your constitutional rights. These can include:

• Failure to respect your rights to silence or an attorney
• Failure of the arresting officer to read you your Miranda rights 
• If an officer caused you harm when withdrawing blood for BAC tests. Under the law, you should be in a safe and sterile environment where no contamination can occur, avoiding the risks of false positives or inclusive results.

What Happens if You Can’t Get A DUI Dismissal?

You may not be able to get a dismissal for your DUI case in all instances. However, you can get the charges reduced, which can still be a win as you may be charged with a lesser offense to avoid getting a criminal charge on your record.

Since a lot goes into consideration before a DUI charge can be dismissed or reduced, here are some factors that will give you a better fighting chance:

• If it is your first DUI offense. A clean record without prior drunk driving convictions may see you get a lesser charge if your case is well argued.
• If your BAC was not way over the legal limit. First-time DUI offenders whose tests were close to the legal limit can argue for a reduced charge and avoid getting a DUI conviction.
• No one was hurt, and no damages were caused while driving. If this was your first offense and you did not cause an accident or harm anyone, your case may be reduced to a lesser charge.

Get Professional Legal Assistance for your DUI Case

Contesting a DUI charge is a serious matter, and regardless of the specific circumstances of your case, you need a competent criminal defense attorney to defend you against the prosecution you are facing. At Cumberland Law Group, we know it takes a lot to get a DUI case dismissed, and our knowledgeable team will leave nothing to chance as they seek the best possible outcome for your situation. Most importantly, we will protect your rights and ensure you receive the respect and justice you deserve when fighting the case.

Contact us today for a free case evaluation and take the first step to getting your DUI case dismissed.