CAN A DUI CASE BE DROP IF THE ACCUSER COMPLIED TO ALL THE ROADSIDE AND BREATH TEST?

Asked over 1 year ago - Atlanta, GA

i was pulled over for a tag light being out. the officer smell alcohol on my breath and ask me to step out of the vehicle. i complied to the field test and also the breath test. the officer told i wasn't doing anything outside the norm,he just pulled me over because of my tag light. i blew a .138. this is my first offense and would like it to be dropped off my record. i also would like help in filling out the appeal to keep my license to travel back and forth from work.

Attorney answers (9)

  1. Evan A. Watson

    Pro

    Contributor Level 13

    14

    Lawyers agree

    Answered . In Georgia, all the cop needs is a reasonable suspicion that you are violating the law to pull you over. Having a tag light out, as trivial as it may be, can provide the cop with the requisite suspicion. Interview some local DUI lawyers to see how they would approach your case.

    Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be... more
  2. Allen Rust Knox

    Contributor Level 16

    13

    Lawyers agree

    Answered . DUI's are not reduced simply because it is your first offense. However, an experienced lawyer may be able to identify an evidentiary or search & seizure issue that might convince the prosecutors to reduce or dismiss your case. You need to retain an attorney to help in your defense. That same attorney can assist you with the DMV appeal. As you know, you only have 10 days from the date of your arrest to file this appeal. Call me if I can be of assistance.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  3. Noah Howard Pines

    Pro

    Contributor Level 18

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    Answered . While you may have complied with the field sobriety evaluations and breath test, that will not get a .13 reduced as you blew well over the legal limit. What you need is a lawyer to investigate your case and see if the officer made any mistakes in your case. That lawyer can also send in the request for your administrative hearing so that your license does not automatically get suspended, which will occur if the request is not sent in within 10 days of your arrest.

  4. William C. Head

    Pro

    Contributor Level 14

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    Answered . You did everything wrong. All field tests are OPTIONAL and voluntary. You should have DECLINED to do ANY evaluations or exercises at the roadside. You should have also NOT SAID ANYTHING, because you had the right to remain silent. By doing VOLUNTARY tests, that are DESIGNED TO FAIL, you walked right into a VALID arrest. You could have created a HIGHLY questionable arrest, had you remained silent and did NO roadside evaluations.

    I have added a link to my videos below.

    William C. Head
    Atlanta, GA

  5. Michael Jason Rhoades

    Contributor Level 16

    10

    Lawyers agree

    Answered . First, the case will not be dropped. It just doesn't happen like that. Second, you only have 10 days to file the request for a hearing to keep your license, so you need to get an attorney NOW.
    Third, if you blew a .138, a reduction is going to be very difficult, unless the officer lacked probable cause for the arrest. Only an experienced attorney can examine all the evidence and let you know whether that is a viable possibility.
    Bottom line - Get an attorney NOW, before it is too late for them to help you.
    Please let me know if I can be of assistance. I would be happy to help.
    Regards,
    M. Jason Rhoades

  6. Andrew Raymond Lynch

    Pro

    Contributor Level 7

    9

    Lawyers agree

    Answered . A DUI can be dismissed or reduced to a charge less serious than DUI when your attorney investigates and finds a weakness in the Officer's DUI case. To increase the chance of a good outcome for your case, hire an experienced DUI attorney soon. They will immediately challenge your license suspension, what you refer to as filling out an appeal, and should investigate the strengths and weaknesses of your case between today and your first day in court. When you enter court you have a plan and already know what path you are going to pursue in fighting your case and getting an outcome you want.

  7. Anthony Maurice McGee

    Contributor Level 3

    8

    Lawyers agree

    Answered . You have ten days (10) to request a hearing before the Dept. of Drivers Services. You need an experienced attorney to evaluate your case to see if the officer had sufficient probable cause to conduct a DUI investigation and arrest. Please call if you have any questions.

  8. John Arnold Steakley

    Contributor Level 18

    8

    Lawyers agree

    Answered . That you were compliant with all of the officer's requests was the worst thing you could have done. You were helping him build his case against you. Your case would have a better chance of getting reduced or dismissed if you had refused everything the officer asked you to do.

    That still doesn't mean you will get convicted, it just means that you have dug yourself into a pretty deep hole that you now have to dig yourself out of. That won't be easy or cheap, so be prepared for some sticker shock.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.... more
  9. L. Ty Wilson

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . It is hard to see how the police would drop a charge, since they have direct evidence against you in the form of a breath test.

    At this time your first concern should be the Administrative license appeal you only have 10 days to file an appeal.

    24 hour recorded message reveals the first thing you should do if you are arrested for DUI in Georgia. Call 1855-350-2545

    Ty

    24 hour recorded message on what you must do after a DUI call toll free 1-855-350-2585. This response is for... more

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