Possibly. These are complicated issues you bring up, and DUIs can be complicated cases. Because it's a second offense, the penalties can be pretty severe. I strongly suggest hiring a local DUI attorney, and you can use avvo to find a couple. Good luck.
Penalties can be more severe for a 2nd DUI, you have interesting facts. Your best bet is to contact a DUI attorney to go over all facts surrounding your interview and subsequent arrest.
You did not mention the blood test results? Could be critical in your defense.
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This sounds like the type of case that you can win in court, and an experienced DUI attorney with experience in the court where you case is pending could probably get it dropped or reduced. You definitely do not want a 2nd DUI, as you will be looking at the need to install an interlock devise on your car in order to drive at all during the next year. Also, if the officer did not return your license to you after the arrest, there is probably an administrative license suspension process ongoing. in such case, you would only have 10 days to request a hearing in order to prevent a one year suspension of your license, regardless of the outcome of the case in court. See a DUI attorney immediately to find out.
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Circumstantial case, no driving manifestations, you did not state as to whether or not a blood test was given?
You should consult an Attorney that handles Traffic cases in the jurisdiction you received the citation to evaluate your options.
You certainly have a good Probable Cause challenge at a Motion to Suppress hearing. Just off of the top of my head - The Officer observed NO BAD DRIVING on your part, No evidence (listed in your question) of how long your car had been parked, No Failed Field Sobriety Tests, No positive Preliminary Breath Test and Keys NOT in the ignition. I'm sure that there will be additional defenses available to you after a DETAILED interview and review of the Incident Report etc. I have addressed these same issues in my book - Protect & Defend. If you would like additional information on this topic please pick up a copy of the book from Amazon.com or contact my office. You should retain the best DUI Defense Attorney that is available to you ASAP in order to defend yourself in this case. I hope this information has been helpful. Good Luck!!!
George McCranie www.mccranielawfirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
Probable cause is a very low standard to meet. The odor of alcohol plus you being behind the wheel and your refusal to perform field sobriety may very well meet that standard. However, it is an issue that can be addressed in your defense through a motion to suppress. Moreover, from the facts as you have stated them, you appear to have a very good defense to the charge. You will need an attorney to help you with your defense. In particular, to successfully present a motion to suppress (which you have more grounds for requesting suppression than you may know), you need the assistance of a lawyer. I am a former Cobb County prosecutor. Call me if I can be of assistance.
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
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