Can I Beat A DUI If I Was Over The Limit in Georgia?

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Yes, It’s Possible to Beat a DUI Charge Even If Over the Limit

Even if your blood alcohol concentration (BAC) was over the legal limit in Georgia, you can still beat a DUI charge. Several factors, such as improper testing procedures, inaccuracies in breathalyzer or blood tests, and violations of your rights, can all contribute to a successful defense.

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Understanding Legal Limits and DUI Charges in Georgia

Regular Drivers

In Georgia, the legal BAC limit for drivers over the age of 21 is 0.08%. Exceeding this limit can result in a DUI charge.

Commercial Drivers

For commercial drivers, the BAC limit is stricter at 0.04%. Given their professional responsibility, a lower threshold applies.

Underage Drivers

Drivers under 21 face a zero-tolerance policy with a BAC limit of 0.02%.

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Common Defenses Against DUI Charges

1. Improper Traffic Stop
   • Explanation: The officer must have a valid reason to stop your vehicle. If the stop was unjustified, any evidence obtained can be challenged.
   • Example: If you were stopped without any observable traffic violation or reasonable suspicion, this can be grounds for challenging the stop.
2. Inaccurate BAC Tests
   • Explanation: Breathalyzer and blood tests must be properly maintained and calibrated. Any inaccuracies or malfunctions can cast doubt on the BAC results.
   • Example: If it is found that the breathalyzer used was not calibrated according to state regulations, the BAC results can be deemed unreliable.
3. Procedural Mistakes
   • Explanation: Law enforcement must follow strict procedures when conducting field sobriety tests and handling evidence. Any deviations can be grounds for dismissal.
   • Example: Errors in administering the field sobriety tests or mishandling of the blood samples can lead to the evidence being thrown out.
4. Medical Conditions
   • Explanation: Certain medical conditions and medications can cause false positives in breathalyzer tests.
   • Example: Conditions such as GERD (gastroesophageal reflux disease) can cause alcohol from the stomach to be regurgitated into the mouth, affecting breathalyzer results.
5. Rights Violations
   • Explanation: If your constitutional rights were violated during the arrest, such as being denied the right to legal counsel, the charges could be challenged.
   • Example: If you were not read your Miranda rights upon arrest, this can be a critical point in your defense.

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Detailed Case Examples

Example 1: Inaccurate Breathalyzer Test

A client was stopped and recorded a BAC of 0.10% on a breathalyzer. Upon investigation, it was discovered that the breathalyzer had not been calibrated according to state regulations. The charges were dismissed due to unreliable evidence.

Example 2: Improper Traffic Stop

An individual was pulled over without any observable traffic violation or reasonable suspicion. The DUI charges were dropped as the stop was deemed unlawful, and all subsequent evidence was excluded.

Example 3: Medical Condition Affecting BAC

A client with GERD was charged with DUI after a breathalyzer test showed a BAC of 0.09%. With medical records and expert testimony, it was demonstrated that the condition affected the breathalyzer results, leading to the dismissal of the charges.

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Why You Need a DUI Attorney

Facing a DUI charge in Atlanta is daunting, but having an experienced DUI attorney can make a significant difference. Attorney Richard Blevins, known as DUI Rich, has a wealth of experience and a proven track record in defending DUI cases. With his extensive training and background as a former prosecutor and law enforcement officer, he understands the intricacies of DUI law from multiple perspectives.

Conclusion

Being charged with a DUI in Georgia, even if over the limit, does not mean an automatic conviction. Various defenses can be effectively employed to challenge the charges. Contact Attorney Richard Blevins at 470-396-0211 for a consultation and to discuss your case further.

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FAQ Section

Q: What should I do immediately after being charged with a DUI? A: Contact an experienced DUI attorney as soon as possible to protect your rights and begin building your defense.

Q: Can a DUI charge affect my job? A: Yes, a DUI conviction can impact your employment, especially if you have a professional license or a job that requires driving.

Q: How long does a DUI case take to resolve? A: The duration of a DUI case can vary based on its complexity and whether it goes to trial, but having a skilled attorney can help expedite the process.

Q: Are there alternative penalties to jail time for a DUI conviction? A: Yes, alternatives can include probation, community service, alcohol education programs, and installation of an ignition interlock device.

Q: Can I refuse a breathalyzer test in Georgia? A: You can refuse, but it may result in an automatic suspension of your driver’s license under Georgia’s implied consent law.