Effective DUI Defense in Atlanta
A Criminal Lawyer Who Knows What to Expect
Many people needlessly suffer the penalties of a DUI charge because they did not have an effective understanding of the law, and did not consult a legal professional who did. At The Law Offices of Howard J. Weintraub, P.C., our Atlanta DUI defense attorney strives to get our clients informed about their legal options and pursue an effective course of action. We believe that our clients deserve to be guided through every step of the process and should stay informed about their legal circumstances.
Most importantly, we know what to expect in criminal cases. As former prosecutors, our DUI lawyers in Atlanta have working knowledge of the law from both sides of the courtroom. This, along with their 55+ years of combined experience, makes our legal team a valuable asset for individuals facing DUI charges of all kinds. We have already handled thousands of DUI cases with success.
When you are ready to secure dedicated DUI defense, contact our firm and get assistance in protecting your rights and your freedom!
Finding Weaknesses in the Prosecution's Case
Our firm knows that DUI defense can be extremely effective when you locate and exploit weak points in the prosecution's case. Remember, an arrest does not automatically result in a conviction. DUI arrests occur when police officers suspect that a person was driving while under the influence of alcohol or drugs. It is the prosecution's job to prove guilt in court, and it is our legal team's job to expose weak evidence and dismiss the charges. The success of your defense may largely depend on the skill and experience of your attorney.
Challenging Why You Were Stopped
Members of law enforcement are required to be able to articulate a reason for performing traffic stops. They may not target and stop a person without substantial reason or suspicion. The same is true for sobriety checkpoints and drunk driving checks—if a police officer does not perform correct procedure when making a traffic stop, then it may be shown that the officer illegally or improperly conducted the DUI arrest. These procedures are strict in order to protect individuals from illegal searches and seizures. If a DUI arrest violated your rights and protections under the law, it may be used in your defense against the charges!
Contesting the Tests You Were Given
Field sobriety tests and blood alcohol concentration (BAC) tests are not foolproof. They can often be improperly administered, and the interpretation of tests like the walk and turn and one-leg stand can be highly subjective. Breath tests on the Intoxilyzer 5000 can be unreliable when circumstantial factors are not taken into account or when the machine is not properly maintained. Even blood test results can be compromised by improper procedure. The evidence of these tests may be largely subject to the interpretation of the officer. Do not leave your future open to interpretation—challenge the test evidence in your defense!
Ensure Your Driving Privileges Are Protected
One of more serious effects of a DUI charge is the suspension of your driver's license. This usually occurs when you are arrested for DUI. If the arresting officer revoked your license and gave you a temporary license in its place, you need to take immediate action to protect your license from an automatic suspension. If your license was revoked after the arrest, you have 10 days to schedule a hearing with the Georgia Department of Driver Services (DDS).
During this hearing, you will have the opportunity to fight the automatic suspension and reinstate your driver's license until the DUI charge is resolved in court. Keep in mind that the DDS hearing is separate from your criminal case—this means that you may have to defend your driving privileges in two separate instances. Even if you successfully appeal the automatic license suspension in a DDS hearing, you may still have your license suspended if you are convicted of the DUI charge in court.
How to Fight Your DUI Charges
Many times, people who are accused of driving under the influence will try and explain to the officer on duty that they are not, and it so happens to be a common truth because there are a lot of physical reasons an officer may think you are under the influence when you are in fact not.
There are two different types of “impairment”: physical and mental. It is important to realize that perhaps your body is demonstrating physical impairment such as poor walking or speech or watery eyes, when your brain is completely lucid. If this is the case for you, and the entire officer was able to determine was that your body was impaired though your mind was not, you may be able to challenge your charges.
When the officers have your BAC levels checked, and the reading comes out to be higher than the legal limit, and yet your level of impairment does not correspond there is grounds for a challenge here. Even if your levels show that you are twice the legal limit, if the officer saw no physical sign of impairment, many times the court will dismiss the case to the disconnect between the person and the actual results.
Even if the officer is sure that you were utterly wasted, if they can’t prove for a fact you were behind the wheel of a car, they have no case against you. This is possible in the even that you were involved in a car accident and yet there are no victims or even the other car to testify that you were the one driving. DUI charges may also be challenged if you are parked while sitting in the driver’s seat and you are under the influence. There can be many reasons for you to be sitting in the driver’s seat; it does necessarily mean you were operating a vehicle.
Another common way to challenge a DUI charge is if you were arrested at a DUI checkpoint, and they did not adhere to the state’s legal requirements. These rules are very tight within each state, and therefore if an officer, or the overall checkpoint, failed to accomplish those legal regulations, the charges may be challenged as well. For example, there must be supervising officers that keep watch of the entire event to make sure that every individual is properly taken can of. Even the specific way the checkpoint is set up needs to be according to the rules. Lastly, DUI checkpoints are to be announced to the public prior to the event so that if a person is arrested they were aware that the roadblock was happening.
There are many reasons for which a person can appear to be under the influence while operating a motor vehicle. One, you may just be bad at driving or you have a new car and getting used to the very sensitive pedal has been very difficult. Another is if you are tired, studies show that a person is just as dangerous as a DUI driver on the road when suffering from extreme exhaustion. This tiredness can cause a person to weave through traffic, miss a stop sign or red light, even crash into other vehicles, very similar to that of a person who has had too much to drink.
Common distractions may also lead to accidents or officers thinking there is a drunk driver. These would include using your cell phone, texting or talking, eating in the car, woman applying makeup, kids screaming in the backseat, the list goes on. There are so many things in a car that can link to having an officer pull a person over for drunk driving, and if this was the case for you, fight your charges with the help of an attorney!
If you were pulled over and the officer accused you of drunk driving, and then your breathalyzer test said it too, fear not there may be other reasons for the breathalyzer test to be inaccurate. A common way for the reading to be messed up is if someone suffers from GERD (Gastroesophageal Reflux Disease) or acid reflux and even heart burn, your body will be more likely to keep the alcohol in your mouth, therefore altering the reading of the test. Breathalyzers are meant to test the deep lung air to determine a person’s intoxication levels, but if you suffer with reflux diseases, you will be more likely to burp often; making the test read your mouth air instead.
The list goes on for ways that a DUI charge can be challenged, and with the help of a trusted and experienced Atlanta DUI defense attorney these charges may be set aside or the sentencing reduced.
Do Not Settle for a Lesser DUI Defense
In our experience, the biggest mistake people make after a DUI arrest is to assume that because they tested at or over the legal BAC limit, they are better off trying to appease the prosecutor rather than wasting time hiring a defense lawyer. Don't risk your future, freedom, career, and reputation in a guilty plea; fight back with a hard-hitting criminal defense strategy. Howard J. Weintraub is a former federal prosecutor and former Assistant United States Attorney with more than 30 years of criminal trial experience. If you are prepared to have a dedicated legal professional fighting for your best interests, consult with our DUI attorney in Atlanta.
Arrested for DUI? Do not wait to get vital legal protection. Schedule a case consultation with us today!