Effective DUI Defense

Georgia DUI Defense Lawyer

If you have already been arrested for drunk driving, what you may not realize is that your drunk driving defense started with the officer's decision to pull you over. You may also want to know that your defense options do not end there — that there are, in fact, many other issues that can be raised to effectively challenge the case against you.

Now, you need a lawyer.

Howard J. Weintraub is a former federal prosecutor in Washington, D.C. and a former Assistant United States Attorney in Atlanta, Georgia with more than 30 years of criminal trial experience in jurisdictions. Put that experience and the resources of his firm to work for you. Contact us.

At The Law Offices of Howard J. Weintraub, P.C., our DUI defense practice covers the Atlanta metro area and the entire state of Georgia. In our experience, the biggest mistake people make after a DUI arrest is to assume that because they tested at or over the per se BAC legal limit of 0.08 BAC (if you are over 21), 0.04 BAC (if you are driving a commercial motor vehicle), or 0.02 BAC (if you are under 21) in the state-administered breath, blood or urine test, they are better off trying to appease the prosecutor rather than wasting money on an attorney who cannot help them with their case. We have the attorney who can help you.

The two most common ways to effectively challenge a DUI case involve:

• Why You Were Stopped — Without the need to show articulable suspicion that a person has committed an offense, law enforcement agencies could target anyone they wished, for any reason. It is not difficult to see where such a policy would lead. Fortunately, law enforcement needs to be able to articulate the reasons you were stopped and checked for drunk driving. In addition to such cause, "sobriety checkpoints," aka DUI roadblocks, are another common issue on which a DUI charge can be challenged. Although law enforcement claims these checkpoints are done for the public good, studies show these checkpoints to be minimally effective at best and, in certain circumstances, the courts have held that they are actually an illegal search and seizure.
• The Tests You Were Given — Field sobriety tests such as the HGN, the walk and turn, and the one-leg stand are administered improperly far too often. Likewise, the interpretation of the results can be highly subjective and flawed. Breath tests given on the Intoxilyzer 5000 can also be unreliable, skewed by other factors, or simply wrong because the machine had not been properly maintained in good working order. Even blood test results can be challenged because of the many procedural mistakes that can be made in the process of taking, preserving and testing the sample.

Former Assistant United States Attorney
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