Hall County DUI Attorney
Do I need a lawyer?
The question arises every day after being arrested for DUI. Numerous people call our office to ask if they need an attorney. With the help of the internet, we live in a self-serve society; we bank online, socially network, act as our own travel agents, pump our own gas, act as our own stock brokers, and even diagnose our own medical aliments. Naturally, people research their DUI cases online. Nothing, however, that can be found through personal research can provide a lay person sufficient knowledge and experience to represent him or herself in court. It is vastly important that you have DUI lawyer on your side looking out for your best interests and helping you navigate through the tricky process.
Experienced Legal Aid
Every court system has local customs and procedures. Knowing those procedures can make all the difference in the outcome of a DUI case. Additionally, an experienced DUI lawyer trained to provide the best DUI defense knows the legal and factual defenses to defend his clients. Those factual and legal defenses include but are not limited to:
1. Was there reasonable suspicion to stop the vehicle?
2. If there was a road block, did the police follow the constitutionally accepted procedures such as:
- having a legitimate purpose such as check for licenses, not general law enforcement
- stopping every vehicle
- having the road block properly marked
- having a police supervisor approve the check point and its legitimate purpose
- having the detention be brief and for the correct legal purpose
3. Was the stop a pretext or was someone racially profiled?
4. Were field sobriety tests performed and demonstrated in a manner consistent with proper police training?
5. Was the arrestee properly advised of their implied consent rights and were their questions answered correctly?
6. Did the arresting officer say anything inconsistent with implied consent rights?
7. If the driver's vehicle was searched, was there probable cause to search the vehicle?
8. Did the officer violate the driver's 5th Amendment right to remain silent after the arrest (Miranda Rights)?
9. Was there probable cause to make the arrest for DUI?
10. If a breath test was given, was the machine working and serviced correctly?
11. If there was a blood test, was there a proper chain of custody of the blood, or could the sample be switched with another person's sample?
12. If there was a urine test, was there a proper chain of custody of the urine, or could the sample be switched with another person's sample?
13. If the blood or urine test shows prescription drugs, were the drug levels within the therapeutic range or the abusive range?
14. Was the client apprised of his right to an independent breath, blood, or urine test?
15. Was the officer properly trained to make DUI Arrests?
16. Did the officer have a disciplinary record?
17. If the blood or urine test shows the presence of marijuana metabolites, are the metabolites active THC or inactive; meaning, could the marijuana have actually had an impact on the driving itself?
18. If there was an accident, could the other driver have been at fault?
19. If there was an accident, could the driver have appeared impaired because of injury or disassociation from the accident itself?
20. Did the airbag employ in an accident, thereby causing the driver to become dazed and confused?
These 20 possible defenses are a small fraction of the potential issues that can arise in DUI case. In addition, having an experienced DUI lawyer who knows the local customs can make all the difference. Our firm is routinely able to recommend to clients that they complete community service and DUI school and alcohol counseling prior to going to court because they know what the court requires.