If you’ve ever faced Atlanta DUI charges, you know that Georgia law is extremely hard on drunk drivers. Loss of driving privileges, heavy fines, jail time, and a permanent stain on your reputation are all consequences you face if you drive under the influence in Georgia. However, a recent ruling by the Georgia Supreme Court has created a legal loophole that you may not believe: drivers are arguing that they were too drunk to consent to DUI testing.
Does this seem implausible? It’s an issue of consent. If a driver is too impaired to legally give his or her consent to voluntary breath, blood, or urine tests, the result of these tests can be suppressed in court. The driver can go to court and plead not guilty, knowing that the prosecution’s best evidence will not be admissible.
The implications of this are far reaching, with arguments filed in Atlanta DUI cases in several different counties, and the ruling is sure to have an impact on every DUI case in the future. The logic behind this is that consent must be intelligently given, and the person must understand to what he or she is consenting. A person who is intoxicated does not have the mental facility to consent to a blood alcohol test, so any consent given is not considered legal. If it all sounds absurd, consider this: prosecutors are now put in the position of arguing in court that defendants were not really very drunk.
Atlanta DUI Expert Ray Giudice
It all comes down to one simple truth: if you’re facing an Atlanta DUI, you need to fight it by any means necessary, using every resource available. That means finding an experienced DUI attorney, with recent trial experience, and the knowledge to competently represent you in court. With three decades of experience defending people charged with every type of DUI, Atlanta DUI attorney Raymond Giudice is a highly skilled professional who will do whatever it takes to achieve the best possible results for you.
No matter where you’re facing Georgia DUI charges, you can get the best possible help by calling Raymond Giudice, the DUI lawyer Atlanta trusts. Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.
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