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The laws in Trenton that govern the safe operation of moving vehicles are more complex than they at first appear. The state’s law concerning DUI is no exception. Of course, everyone knows that it is illegal to drive a car while drunk. However, it may be less clear as to what it means to drive a car under the language of the statute. In addition, many people do not know what it means to be “under the influence” of alcohol or drugs.
This could lead to confusion in many people facing charges involving DUI in Trenton. They may make poor decisions concerning the waiving of rights or entering into plea deals. The fact is that DUI cases are among the most defensible in criminal law, and a Trenton DUI lawyer could help to protect a person’s rights and freedoms from arrest through to a final trial.
To charge a person with a crime, a police officer and prosecutor must allege that the defendant violated a specific portion of the state’s criminal code. Of course, allegations of DUI are no exception. The Official Code of Georgia Annotated §40-6-391 is the state’s DUI law. This law states that there are six ways that a person may drive under the influence. These are:
As a result, there are two key factors to consider in any DUI case. The first is remembering that an arrest and conviction could occur due to the presence of any foreign substance in a person’s body. While the classic example involves alcohol, street drugs, prescription medications, and even over the counter drugs could justify an arrest and conviction. The second key factor is the idea that an arrest and conviction could result without scientific evidence. While having an alcohol concentration of .08 or above is automatically a DUI, an officer could execute an arrest based on nothing more than their opinions of a person’s physical state. A Trenton DWI lawyer could help to unpack the state’s DUI statute and to explain the State’s justification for pursuing a DUI charge.
The possible penalties for a DWI conviction in Trenton are harsh. At the minimum, the court must impose a fine of no less than $300, sentence a party to a jail term of not fewer than ten days, order community service of at least 40 hours, order the completion of a DUI risk reduction program, and suspend a driver’s license for at least 12 months. It is easy to see why it is important to mount an effective defense against allegations of DUI.
One potential way to contest the charges is to argue that there was no justification for the police officer to make the traffic stop. Police officers rarely witness a person drinking and getting into a car. Instead, they may claim to see a driver swerving on the road or committing other traffic violations. If an officer’s report declares that the officer made the stop for less than probable cause of a traffic violation, a Trenton DUI defense lawyer may be able to argue for a dismissal of the charges.
Another avenue of defense is to challenge the officer’s observations. Especially in cases that do not allege a per se intoxication based on blood or breath results, officers may use speculative field sobriety tests or their own observations to justify the arrest. A Trenton drunk driving lawyer could work to impeach the reliability of that officer’s testimony at trial.
If you are facing allegations of DUI in Trenton, it is understandable to be frightened and confused. Many officers make these arrests based only on their own observations, and the State’s DUI statute allows prosecution based on multiple theories under the law.
The simple fact is that it is essential for you to promote a powerful defense following a DUI arrest. When a conviction could result in a mandatory jail sentence, a lengthy license suspension, and the payment of heavy fines, the stakes could not be higher.
A DUI attorney near Trenton may be able to help. Attorneys could work to evaluate the strength of the prosecutor’s case, to identify your goals, and to develop a strategy to make those goals a reality. Contact a DWI attorney near Trenton today to let them start working on helping you.