Can a DUI Charge Be Reduced or Dismissed in Georgia?

Facing arrest for DUI in Georgia might seem like a daunting experience. A lot of drivers assume that once you’ve been charged with DUI, your only option is to face a conviction. That is not necessarily true. The facts and evidence of the arrest might make it possible for the DUI charges to be lowered or dropped entirely.

How DUI cases are prosecuted in Georgia 

In Georgia, the state prosecutor needs to prove the driver is guilty beyond a reasonable doubt of driving under the influence. A driver can be accused of violating DUI law in Georgia because they were under the influence of alcohol, drugs, or both.

There is a lot of different evidence that can be produced during a trial. Such evidence includes observation by the arresting officer, videos taken by the patrol car or body cameras, tox screen results, and your own statements to police. In some cases, the evidence can also include accident reports and witness statements.

It is important to understand that just because the state has some evidence, it doesn’t necessarily guarantee a conviction.

Challenging the traffic stop 

The first thing your defense attorney will do is ensure that the stop was legally justified. Law enforcement must have a valid reason to stop a driver, such as a traffic violation or reasonable suspicion of criminal activity.

In the event that this arrest was unlawful, then it is reasonable for the defendant to contend that any evidence that resulted from this unlawful arrest needs to be suppressed and should not be used against him or her in court. As a result of this, the prosecution will face challenges in trying the case. 

Questioning the evidence 

Evidence is critical in DUI cases since it is frequently used to prove the charges. However, in some cases, the evidence may be called into question for various reasons.

This may involve such situations as when video surveillance conflicts with a police report, testing procedures were not followed correctly, or the driver’s conduct can be explained by a health condition, exhaustion, or another factor.

In doing so, a defense lawyer may find inconsistencies that would cast doubt on the claim that the driver was under the influence.

Negotiating reduced charges 

In some cases, it might be possible to negotiate with the prosecution. This is likely to happen when the prosecutor lacks enough convincing evidence, or when the driver does not have any prior criminal record.

It will always depend on the seriousness of the case at hand; however, negotiating for a reduction will sometimes enable the driver to avoid the worst outcomes of a DUI conviction. 

The importance of legal representation 

Each drunk driving case is unique, and the results will largely depend on the specifics of your case. It goes without saying that you should not treat the charges lightly. The consequences of a DUI conviction can be quite significant.

A Cobb County DUI lawyer at Andrew L. Schwartz, P.C.  can analyze the circumstances surrounding your arrest, evaluate the evidence against you, and find possible strategies to improve your case. This can help you negotiate the charges down or even get the case dropped.