Georgia law stipulates a blood alcohol concentration (BAC) limit of 0.08% as being the legal limit and an individual who exceeds this can be charged with DUI.
Johns Creek DUI lawyers can help you defend against charges. There may be various legal strategies available that could help in your defense case.
Police can stop a vehicle on private property
However, DUI laws still apply in Johns Creek and throughout Georgia despite its apparent isolation of private property. Driving under the influence (DUI) carries with it harsh penalties that can severely limit personal freedom and professional careers as well as your future prospects. Arrest for DUI may lead to suspension of driver’s license which further impedes daily life; with a Johns Creek DUI attorney on your side you could save it through filing an appeal letter to save it.
One strategy for combatting DUI on private property is challenging the officer’s ability to establish probable cause to stop your vehicle in the first place, by looking at factors such as jurisdictional classification, sign presence and access restrictions. When crafting your defense strategy it’s wise to think like a qualified DUI lawyer when assessing how legality of classification would be assessed before building it yourself.
Challenge the accuracy of breath or blood test results is another common strategy used to defend against DUI charges. A skilled attorney can examine both chemical testing methods as well as overall accuracy of breathalyzer or blood tests, and potentially identify medications which could reduce BAC levels.
Law enforcement officials involved in your case may harbor hidden agendas that should be challenged with the help of an experienced DUI lawyer. A skilled legal professional can do just that while also challenging both their motivations and those behind your charges.
DUI charges can be complex, requiring expert legal representation for successful outcomes. At James Yeargan Law Firm in Johns Creek, our qualified DUI lawyers understand Georgia court procedures and requirements related to felony DUI cases in Georgia. For more information about your options contact them immediately to set up a consultation and start developing a strong defense for yourself as soon as possible.
Police can stop a vehicle on public property
Law is more vague when it comes to DUI stops on private property, although Georgia DUI laws clearly stipulate it’s illegal to operate while under the influence on public property. When it comes to private properties however, police officers only seem to be allowed to pull someone over on such land if there’s an area open to the public on it or they have permission from its owner or there are exigent circumstances that warrant doing so.
However, even though this is a gray area, police can still stop and charge drivers on private property for driving under the influence of alcohol or drugs if there is probable cause to believe you’re impaired while operating a motor vehicle. Keep in mind that police don’t stop anyone for no apparent reason; rather they specifically look out for individuals breaking laws.
If a Johns Creek Police Officer believes you to be impaired by alcohol or drugs, he or she may request for you to undergo a breath test at their station. If you agree, or consent, taking such a breath test, you must comply or risk having your driver’s license suspended; an experienced lawyer may help ensure this evidence will not be admissible during trial proceedings and can thus save your license from suspension.
Johns Creek police officers are trained in administering standard field sobriety tests such as the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand sobriety exams, among others. A lawyer may challenge their accuracy by showing improper administration or by showing that physical disabilities prevented psycho-physical or divided attention evaluations from taking place safely.
If you are arrested for DUI in Johns Creek, your case will be transferred to Fulton County State Court (formerly State Court of Atlanta or Alpharetta Annex). Our Johns Creek DUI lawyers regularly appear before this court and know the prosecutors and judges inside out; in many instances we can negotiate non-DUI disposition with Johns Creek prosecutor prior to having to transfer case to Fulton County State Court.