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Some of the DUI Defenses include: Lack of probable cause. Challenging the reasonable suspicion standard to stop. Illegal use of a road block. Insufficient evidence that you were a less safe driver due to impairment by alcohol or drugs. Field sobriety tests were not conducted correctly.
Steps to Take Following a DUI Arrest in Georgia Step 1: Review the Details of Your Arrest. ... Step 2: Request a License Suspension Hearing. ... Step 3: Obtain any Potential Evidence. ... Step 4: Determine Where Your Case Will Be Heard.
A Georgia prosecutor can still prove you were intoxicated even if you were not over the "legal limit." Evidence such as field sobriety tests, admissions by the driver, or the presence of alcohol or drugs in the vehicle can all be used to prove you were intoxicated at the time of your arrest.
Georgia DUI law also prohibits ?any person to drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual ...
A good defense attorney can often make arguments that either the officer did not inform you of the consequences of a refusal or that you did not actually refuse the test but merely questioned it. These are two of the best arguments for getting rid of a DUI refusal.