Roswell DUI Defenses

If you were recently arrested for driving under the influence (DUI) in Roswell, Georgia, you may think your conviction is inevitable. Nothing, however, could be further from the truth. Indeed, there are a number of Roswell DUI defenses that can be used to challenge your arrest and prevent you from being found guilty of the offense in criminal court.

First and foremost, before an officer can legally stop your vehicle, the law requires him or her to have probable cause. In other words, you must violate the law in some way—such as running a red light or speeding, for example—before you can be pulled over.

What’s more, assuming the stop was warranted, the officer must establish new probable cause for suspecting you of driving under the influence. For instance, if he or she notices an open container of alcohol or smells alcohol on your breath, only then can the officer administer a field sobriety and/or breath test. As a result, if you can prove the officer did not have probable cause to arrest you, the charges against you are likely to be dismissed in court.

Even if your arrest was warranted, you may be able to use the rising blood alcohol content (BAC) defense to avoid a DUI conviction. Georgia law requires a person to have an illegal BAC (0.08% or higher) at the time he or she is driving—not at the time the breathalyzer was administered.

Because it takes time for alcohol to process through your bloodstream, it is possible for your BAC to be within the legal limit while you were driving, but above the permitted amount by the time you perform a breath test. This is an especially strong defense tactic in cases where a substantial amount of time passed between being stopped and performing the breath test.

Protect yourself and increase your chances of obtaining a successful resolution to your case. Contact attorneys Frank Gomez & William Head today to put more than a decade of DUI defense experience to work for you.

From proving the officer who stopped you did not have probable cause to request sobriety testing to questioning whether he or she received the appropriate training to administer the test, our legal staff will review the facts of your case to find any potential issues that can be used to challenge your arrest and help you avoid the life-altering effects of a DUI conviction.

After helping thousands of drivers reduce or avoid the consequences of a drunk driving arrest, we can help you do the same. Put one of the most successful DUI defense firms to work for you. Contact the Law Offices of Frank Gomez & William Head immediately to schedule your free case evaluation.

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