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Challenging DUI Evidence

Challenging DUI Evidence in Georgia

Contesting the Weak Evidence with a Marietta DUI Attorney

Anyone arrested and facing serious DUI charges can benefit from the Henrickson & Sereebutra's knowledge and understanding of the DUI laws. As former prosecutors, the Marietta DUI attorneys have an advantage in defending DUI cases. They also earned certification by the National Highway Traffic Safety Administration, which involves completion of a course for DUI detection and standardized field sobriety tests.

As experienced trial lawyers, they fight for the constitutional rights and provide a strong defense on behalf of their clients facing DUI and other criminal charges. If there are allegations against you for a misdemeanor or felony DUI, then you should seek legal help from them today.

Challenging DUI Evidence

Although law enforcement receives training in DUI arrest procedures, administration of sobriety tests and breathalyzers, their evidence is not always reliable or correct. Just because you face DUI allegations, it does not mean the court will automatically convict you.

The following types of evidence can be challenging in a DUI case:

  • Breathalyzers – Certain Intoxilyzer machines have problems which can lead to inaccurate and unreliable results. Many states have challenged the validity of the breathalyzer tests and the results ruled inadmissible as evidence in numerous cases.
  • Equipment maintenance – Blood, breath, and urine test equipment requires continuous maintenance, calibration, and proper use. Without this maintenance, test results could be thrown off.
  • Unqualified test administrators – A person must be licensed to conduct a blood test. If not, the test may be administered improperly with unreliable results.
  • Handling of evidence – The protocol for handling evidence from a crime scene is very specific to ensure it is not tainted or tampered with. If this happens, evidence may be no longer used.
  • Violation of your rights – If an officer violated your rights in obtaining a blood or breath test, or any other process during the arrest, the evidence against you may be inadmissible in court.

Most DUI arrests occur at night when the roads are dark in an uncontrolled environment. That scenario leaves open the possibility of mistakes because of poor visibility and tiredness.

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