Signs That the Prosecution’s DUI Case Against You Is Weak or Problematic

Facing DUI charges in Smyrna, GA is no walk in the park. The charges can do significant damage to your driver’s license, your insurance costs, and if convicted, you will have a criminal record for life, as Georgia does not allow expungement or concealment of conviction records. But not all DUI cases are built the same. Some allegations are considerably stronger than others. Some cases involve procedural errors that can completely derail the prosecution. In this article, the Smyrna, GA DUI defense lawyers at Andrew L. Schwartz, P.C. will discuss how to know if the DUI case against you is strong or weak.

What is the best defense against a DUI in Georgia? 

When facing DUI charges, you will need a strong defense strategy. Often, the most effective approach involves challenging the evidence and procedures that were used against you during your arrest. The possibility of getting your DUI charges reduced to reckless driving increases substantially when your Cobb County DUI attorney can identify procedural errors or constitutional violations. Your defense could focus on:

• Challenging the legitimacy of the initial stop
• Questioning the calibration of the breathalyzer machine
• Questioning the legitimacy of the field sobriety tests
• Questioning the training and certification of the officer who administered the field sobriety tests

The most common reason that DUI cases are dismissed is due to a faulty testing device. This is especially true of breathalyzer tests. These breathalyzer devices must be calibrated exactly so to produce accurate results. If they aren’t, they can result in false positives and your attorney can get that evidence tossed during your case. This would likely pressure the prosecution into dismissing the charges against you.

What makes a DUI case weak? 

Several factors can make it more difficult for prosecutors to convict you. A case may be considered weak when:

• There was no probable cause to pull you over in the first place
• Field sobriety tests were administered improperly
• The breathalyzer equipment was faulty or improperly calibrated
• There was a break in the chain of evidence custody
• There was missing or incomplete police documentation
• You had medical conditions that could impact the test results

What are the chances that my DUI case will be dismissed? 

The conviction rate in Georgia for DUI is around 95%, one of the highest across the U.S. The odds of getting your case dropped will depend entirely on the specifics of your case. Certain factors can improve your chances. Dismissal is much more likely when your traffic stop lacked probable cause or the breathalyzer equipment was calibrated improperly. Cases can also be dismissed if your Miranda rights weren’t properly read.

Talk to a Cobb County, Georgia DUI Lawyer Today 

Andrew L. Schwartz, P.C. represents the interests of Cobb County residents charged with DUI. Call our Cobb County criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.