Evidence in Georgia DUI Cases: Key Factors for Defense and Prosecution

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Discover how evidence in Georgia DUI cases impacts your defense. Farnsworth & Murphy provide experience insights into challenging DUI evidence to protect your rights.

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Overview of Evidence in Georgia DUI Cases

Regarding Georgia DUI cases, evidence is crucial in determining the outcome. The presence and quality of evidence in Georgia DUI cases can make a big difference in whether charges are upheld or dismissed. Examples of crucial evidence include breathalyzer results, dashcam footage, and witness testimonies.

Strong and admissible evidence can support the prosecution’s claims or provide a solid defense. This can significantly affect the final judgment in a DUI case, making the role of evidence incredibly important. During a DUI arrest, field sobriety tests administered by a police officer are often critical pieces of evidence. In many cases, understanding how to handle and challenge this evidence can be the deciding factor.

Farnsworth & Murphy LLC Georgia DUI defense attorneys know how to deal with such cases. Our deep understanding of what’s involved helps us protect our clients’ rights effectively. We scrutinize and challenge evidence, which may lead to acquittals or reduced charges for our clients. If you face a DUI case, having a knowledgeable Georgia DUI defense attorney by your side can make all the difference.

Types of Evidence in Georgia DUI Cases

In Georgia DUI cases, various types of evidence comes into play. Here is a review of the evidence used: 

Field Sobriety Tests

Field sobriety tests are a series of physical and cognitive exercises that a police officer administers during a DUI arrest to determine if a driver is impaired. These tests assess a person’s balance, coordination, and ability to follow instructions. In Georgia DUI cases, the results of these tests can be crucial evidence used to support the charges.

Georgia’s most commonly used field sobriety tests include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand tests. The HGN test involves following a moving object, like a pen or flashlight, with the eyes to detect involuntary jerking movements, which can indicate intoxication. The Walk-and-Turn test requires you to take nine steps on a straight line, then turn on one foot, and return in the same manner, assessing balance and coordination. The One-Leg Stand test involves standing on just one leg while counting aloud, testing balance and concentration.

However, there are common mistakes and inaccuracies with field sobriety tests. Various factors can influence these tests which are unrelated to alcohol consumption, such as age, weight, medical conditions, and even the environment in which the test is conducted. For example, uneven or slippery surfaces can affect performance on the Walk-and-Turn and One-Leg Stand tests. Additionally, nervousness or anxiety can impact one’s ability to perform these tasks accurately. As a result, field sobriety tests are often challenged in Georgia DUI cases, and a knowledgeable Georgia DUI lawyer can question their reliability.

Breathalyzer Tests

Breathalyzer tests are a standard method used by police officers in Georgia to measure a driver’s blood alcohol concentration (BAC) during a DUI arrest. These devices work by having the individual blow into a mouthpiece, where the breath sample is analyzed. The breathalyzer test calculates the amount of alcohol in the breath and converts it into an estimated BAC level. This measurement then determines if the driver is over the legal limit of 0.08% BAC.

While breathalyzer tests are widely used, their reliability can sometimes be questioned. Several factors can often affect the accuracy of breathalyzer results. For instance, residual alcohol in the mouth from recent drinking, use of mouthwash, or even certain medical conditions can lead to falsely high readings. Additionally, improper calibration or maintenance of the device can result in inaccurate measurements. External factors such as humidity and temperature can also impact the results. As a result, while breathalyzer tests provide a quick and convenient method for assessing BAC, they are not infallible.

Breathalyzer evidence can be challenged in Georgia DUI cases through various legal strategies. An attorney might question the accuracy of the test by investigating whether the breath test was properly maintained and calibrated according to the manufacturer’s specifications. They might also look into the qualifications and training of the arresting officer who administered the test to ensure proper procedures were followed.

Additionally, the defense can challenge the test results by presenting any evidence of medical conditions or other factors that could have affected the accuracy of the BAC reading. By scrutinizing these aspects, your attorney can cast doubt on the reliability of breathalyzer evidence and potentially exclude it from the case.

Blood Tests

In Georgia DUI cases, blood tests are used to measure the exact level of alcohol or drugs in a person’s system. The process starts when the arresting police officer requests a blood test, usually conducted at a medical facility by a qualified professional. The blood sample is then analyzed in a laboratory to check the blood alcohol concentration (BAC) or presence of drugs, which serves as evidence in court.

While blood tests are highly accurate, they can still have issues. Factors like improper handling, storage, or delays in testing can affect the results. Contamination during collection or errors in labeling can also lead to inaccuracies. These potential issues must be considered when evaluating blood test evidence.

Challenging blood test evidence involves questioning the chain of custody and the procedures used during collection and analysis. A Georgia DUI defense attorney may look for inconsistencies in handling the sample or errors in testing protocols. By examining these aspects, the defense can cause doubt on how reliable the blood test results are, potentially weakening the DUI charge.

Dashcam and Bodycam Footage

In Georgia DUI cases, video evidence from police dashcams and bodycams is crucial. These devices record interactions between officers and drivers during traffic stops and DUI arrests, capturing the suspect’s behavior and the procedures followed by the police.

Video footage can impact DUI charges significantly. It can support charges by showing clear signs of impairment, such as slurred speech or poor coordination. Alternatively, it can refute charges by highlighting the driver’s proper conduct or errors made by the police officer.

Obtaining and reviewing video footage is essential for a strong defense. The defense will access and scrutinize all relevant recordings. This can uncover inconsistencies or mistakes, helping to challenge the prosecution’s case and protect the defendant’s rights.

Challenging DUI Evidence

Procedural Errors

Law enforcement officers can make several procedural errors during DUI stops and arrests. Common mistakes include improper administration of field sobriety tests, failure to calibrate breathalyzer devices correctly, and mishandling blood samples. Other errors may involve not following the correct protocols for obtaining consent or failing to read the suspect’s rights.

These procedural errors can lead to evidence being deemed inadmissible in court. The results can be challenged and potentially excluded if field sobriety tests are not conducted properly. Similarly, the BAC results may be invalidated if a breathalyzer is not calibrated according to regulations. Mishandled blood samples can be contaminated, leading to questionable accuracy. By identifying and proving these errors, an Atlanta DUI lawyer can argue that the evidence is unreliable and should not be used against the defendant.

Calibration and Maintenance Records

Calibration and maintenance records ensure that breathalyzers provide accurate BAC readings. Regular checks confirm the device functions correctly and measures alcohol levels accurately.

Inaccuracies or gaps in these records can challenge the validity of breathalyzer results. If a device isn’t properly calibrated or maintained, its readings can be deemed unreliable. An attorney can use these discrepancies to argue for excluding the test results from evidence, potentially weakening the prosecution’s case.

Chain of Custody

The chain of custody is the documented process that tracks the handling, transfer, and storage of evidence from the moment it is collected until it is presented in court. In DUI cases, this includes evidence like blood samples, breathalyzer results, and video footage.

Maintaining an unbroken chain of custody is critical to ensure the evidence has not been tampered with, altered, or contaminated. Each person who handles the evidence must document their actions to provide a clear, chronological record of its custody.

A broken chain of custody can severely impact the admissibility of evidence. If there are gaps or inconsistencies in the documentation, it can cast doubt on the reliability and integrity of the evidence. An attorney can challenge the admissibility of such evidence, arguing that it may have been compromised, which can weaken the prosecution’s case and potentially lead to the dismissal of charges.

Legal Strategies for Defending Against DUI Charges


If you’ve recently had a DUI charge, there are legal strategies your attorney can use to defend you against the charges:

Motion to Suppress Evidence

One effective strategy in DUI defense involves challenging the evidence presented by the prosecution. For instance, we often file a motion to suppress evidence. This motion is usually based on several grounds, such as improper police procedures during the traffic stop or inaccuracies in the breath or blood tests. If successful, crucial evidence may be excluded, weakening the prosecution’s case.

Thoroughly examining the testing procedures and equipment used, like breath and blood tests, helps identify flaws or inconsistencies. We scrutinize whether the equipment was correctly calibrated and maintained. Additionally, we check if the officer followed the correct protocols during the implied consent notice, which must be delivered appropriately.

Expert Testimony

Expert testimony plays a critical role in many cases. It involves bringing in forensic toxicologists or other specialists to challenge the reliability of the evidence. Experts can highlight potential errors in the testing process or provide an alternate interpretation of the results.

Reviewing police reports and video footage from the traffic stop for procedural mistakes or violations of the defendant’s rights is another critical strategy. Any deviation from the standard procedure might provide grounds to contest the charges.

Sometimes, negotiating for lesser charges, such as reckless driving instead of DUI, can be beneficial. We weigh the strength of the evidence against the potential penalties and seek the most favorable outcome for our clients.

In all these strategies, having attorneys who understand Georgia DUI cases is paramount. At Farnsworth & Murphy LLC, our adept approach to analyzing and contesting evidence often significantly affects the case outcomes.

Why Choose Farnsworth & Murphy LLC?

Choosing the right defense attorney can profoundly impact a case’s outcome when facing DUI charges. At Farnsworth & Murphy LLC, we pride ourselves on our extensive knowledge and proven track record in handling DUI cases.

At Farnsworth & Murphy LLC, we are dedicated to providing personalized legal strategies tailored to each client’s unique situation. We understand that every DUI case is different, and we work closely with our clients to develop a defense plan that addresses their case’s specific details and nuances. This commitment ensures that each client receives the attention and customized legal support they need to achieve the best possible outcome.

If you face DUI charges, don’t navigate this challenging situation alone. Contact Farnsworth & Murphy LLC today for a free consultation. Our attorneys are here to provide personalized legal strategies and ensure you understand your rights and the evidence against you.

Call us at 470.601.7058 or visit our website to schedule your free consultation. Let Farnsworth & Murphy LLC assist you in building a solid defense and protecting your future. Talk to us now and take the first step towards confidently resolving your DUI charges.

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