You Can Beat a DUI Case Based on Field Sobriety Tests
Our attorneys see it all the time. A driver is pulled over on suspicion of DUI, and the officer asks a number of questions: How much have you had to drink? License and registration current? Show me your insurance certificate. Step out of the car, and follow the light with your eyes. Where are you headed?
Depending on the officer's observations, you might well be asked to blow into an Intoxilyzer 5000, which theoretically shows your blood alcohol concentration. For adult drivers, a reading of .08 or higher is an automatic criminal offense; for underage drivers, a reading of .02 can support a conviction. What if you don't submit to the breath test?
Call Jeff Rothman to learn about your DUI defense options in refusal cases
If you refuse the breath test, you can be arrested for drunk driving, but there won't be any technical evidence of your blood alcohol concentration to support the charge. The prosecution will have to prove its case largely on the strength of the arresting officer's field sobriety test and the observations noted in the police report.
Although we can't guarantee results in any specific case, we can tell you that there are many ways to defeat a Georgia DUI case based on the evidence of a field sobriety test. Our main job is to show that the arresting officer failed to administer the test correctly or in accordance with the standards of the police department or sheriff's office. In some cases, we can even show that the field sobriety test was meant more to support probable cause to make an arrest than to prove intoxication.
We can also help you deal with the license suspension consequences of a refusal to submit to the breath test. We can protect your license in an administrative hearing, where we can also develop evidence that will help you in the criminal case.
We're not here to plead you guilty — we're here to win your case
Our lawyers have achieved much success at trial and in pretrial hearings on DUI cases based on field sobriety tests rather than breathalyzer tests. To learn how our experience with this aspect of DUI defense can help you, contact Jeff Rothman at Daniels & Rothman in Athens.