Smyrna DUI Lawyer
Many people have been charged with a DUI, even though drinking and driving is a crime. Many people disregard DUIs, though, because they’re usually treated as misdemeanors. However, you should not simply shrug off such a crime. Despite being a misdemeanor, DUIs come with a lot of consequences.
A DUI can result in jail time, fines, community service, license loss, and many other penalties. If you have been charged with such a crime, you definitely want an experienced lawyer on your side.
Smyrna DUI lawyer Andrew L. Schwartz, P.C. can defend your case after you have been pulled over for drinking and driving. He understands the law and will effectively protect your legal rights.
Common Defenses to DUI
Getting pulled for a DUI can be scary. Fortunately, there are many ways to defend yourself against such a charge. Here are some common defenses that your lawyer may use:
- Breath test errors. Breathalyzers are not infallible. While they can be highly accurate when used properly, they are prone to errors due to misuse. Improper handling by police, poor calibration, physiological issues, and malfunctions can also cause a Breathalyzer to register at a higher blood alcohol content (BAC) than it should.
- Mouth alcohol. While Breathalyzers are designed to capture a sample of breath from your deep lung tissue, also known as “alveolar air,” it may instead capture “mouth alcohol,” which can throw off the reading. This can happen in situations such after burping, regurgitating, using mouthwash, or using chewing tobacco.
- Medical defenses. Certain medical conditions can increase mouth alcohol, causing the BAC to rise. GERD, acid reflux, and heartburn are conditions that can cause this to happen.
- Inaccurate field sobriety tests. Field sobriety tests are only about 65-70% accurate when it comes to identifying alcohol or drug impairment. Plus, certain factors can make a sober person fail their sobriety tests. These include intimidation, bad weather conditions, uneven surfaces, and awkward footwear, such as boots or high heels.
- Lack of probable cause. Before the police can stop your car, detain you to conduct a DUI investigation, or arrest you for a DUI, they must have reasonable suspicion that you are engaged in criminal activity. This is known as probable cause. If the police officer doesn’t have probable cause before conducting a DUI investigation, then any evidence will be suppressed. This means the evidence cannot be used against you in your DUI case.
- Blood test errors. If police take a blood sample, there are several main ways in which it could be incorrect. Some examples include blood fermentation, blood contamination, and improper storage of your blood sample.
Contact Andrew L. Schwartz, P.C. Today
DUI charges should not be taken lightly. There’s a lot at stake, so make sure you have the right defense. Andrew L. Schwartz, P.C. is a former prosecutor who is successful at challenging DUIs and other criminal defense cases. He’s ready to work on your case. Call (678) 853-2500 to schedule a consultation with an experienced Smyrna DUI lawyer today.
