DUI cases in Gainesville usually begin when a person is stopped by a police officer for weaving, speeding, or some type of erratic driving. DUI arrests often result from police stops at roadside check point when police officers stop every vehicle to check for impaired drivers. After the car is pulled over, the officer begins an interrogation of the driver. The driver is typically asked to make incriminating statements and submit to field sobriety tests and breath tests that can later be used against the driver in court.
This is a catch-22 situation. A person does not want to make incriminating statements and give the state evidence to use against him or her later on. However, if the chemical test is refused, this is a violation of the state law and there will be a one year drivers license suspension if an appeal is not successful. If the driver does take the test and blows a .08 or over, they will be presumed to be DUI under the law.
An experienced Gainesville, GA DUI lawyer can help defend your rights. Often, the arresting officer did not have probable cause to make the initial traffic stop. The officer could have improperly conducted the field sobriety tests if they deviated from the standards in which they were taught. In addition, breathalyzers are inefficient and unreliable machines. Gainesville DUI attorney Richard Lawson is familiar with the proper administration of DUI sobriety and breath test. Contact the Law Offices of Richard Lawson today for a free consultation.