There are numerous ways to fight and win a DUI in Georgia. Among those are the following:
The police must have legally stopped you before any evidence gathered after the DUI arrest before it can be used against you. The police must prove that they had an articulable suspicion that a crime was or was about to be committed. In a roadblock, the police must prove that the roadblock was conducted in a legal manner, according to Georgia law.
The police must be able to prove that he had enough evidence to arrest you for DUI. In other words, did he see physical manifestations (bloodshot eyes, slurred speech), and did you fail or do badly on the field sobriety tests.
Police officers receive specialized training in administering and evaluating field sobriety tests (FST’s). The three standard FST’s are the One Leg Stand, Walk and Turn, and Horizontal Gaze Nystagmus. In court the police officer will want to say that based on his experience and training, he found you to be driving under the influence (DUI). If you can show the judge that he did not administer the FST’s according to his training, you can impeach his credibility. I have all of the up to date training manuals used by police academies in Georgia to train their police on FST’s and DUI detection. I use these manuals in court to show the police officers are not exactly experts on DUI detection and FST’s.
Officer’s observation of physical manifestations and FST’s are consistent with someone who is an impaired driver:
If the police officer reports that a suspect is staggering, has slurred speech, and fails the FST’s, and the person is a .08 on the test, that shows the officer is either not telling the truth, lacks the sufficient training, or that the breath test is inaccurate.
The police should conduct the “State test” of breath, blood, or urine legally. First, the police officer must have read you the “Implied Consent Notice” at the time of your arrest. Then the test must be conducted by a person holding a valid permit to conduct such a test, on a machine working properly, and in a manner according to rules established by the Georgia Bureau of Investigation.
Motions should be filed when charged with a DUI, to force the state to prove 1 through 5.
Unless you force the issue and obtain a legal ruling from a judge, you really never know what evidence can or cannot be used against you; until you know all the evidence about your case, you really cannot make an informed decision about continuing to fight your DUI, or negotiate a plea.
As a last resort, you have the right to have a jury of 6 citizens make the State prove you guilty beyond a reasonable doubt. All six people must agree to convict you.