Getting an Atlanta DUI Dismissed

Getting an Atlanta DUI Dismissed
Some people believe that because they have already been arrested and charged with driving under the influence (DUI) in Atlanta, fighting their charges is pointless. In fact, most DUI cases end with the defendant pleading guilty during arraignment. However, with an experienced DUI defense attorney on your side, your chances of having an Atlanta DUI charge dismissed are increased.

During a DUI arrest, proper police protocols must be followed in order to protect your constitutional rights. For example, the arresting officer must have probable cause that you are violating the law in order to pull you over in the first place. Without probable cause, your arrest may be unlawful and your case may be dismissed by the judge.

Atlanta law states that driving driver a vehicle while your blood alcohol content (BAC) is .08% or higher is a crime. In order to determine your BAC, you will be asked to submit to a breath, blood, or urine test (with the breath test being the most commonly utilized). However, these tests are far from perfect. Certain factors, such as improper maintenance, calibration, or training on the officer’s part, can affect the results of the breath test. If your DUI attorney finds that the testing was not accurate, the results of the test may be thrown out, thus impacting the prosecution’s case against you.

In some cases, you may be eligible for a plea deal from the prosecution. Your charge may be reduced to reckless driving or another non-DUI related charge, protecting you from the stigma of having a drunk-driving charge on your criminal and driving record. A skilled DUI attorney can negotiate with the prosecutor to determine a fair plea bargain.

In a DUI arrest, you face an administrative license suspension, which occurs even before your criminal case proceedings begin. In order to get your license back, you will be required to pay a reinstatement fee. Fortunately, if your case is dismissed, the state must refund this money to you.

If you have pending DUI charges, speaking with attorney can relieve some of the uncertainty you feel during this time. The Kohn DUI Defense Firm handles only DUI cases, so we know how to challenge evidence that can lead to a case dismissal. Call or submit your case online for a free evaluation.

Call Office Today
Atlanta DUI Case Evaluation