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Attorney Katherine A. Gonos

Can a first-time DUI be dismissed in Georgia?

On Behalf of | Aug 28, 2024 | Drunk Driving |

Driving under the influence is a serious offense and it comes with significant legal consequences. For first-time offenders, penalties may include fines, license suspension, community service, and jail time. However, there are circumstances under which the court may dismiss a first-time DUI.

Factors influencing dismissal

Several factors may affect whether the court will drop a first-time DUI charge. Mistakes made by law enforcement during the arrest could lead to the court throwing out the case. These include mistakes in administering field sobriety tests or failing to follow legal protocols.

Additionally, if the evidence against the accused is weak, such as insufficient proof of impairment, the case might not proceed. For instance, if law enforcement failed to take a breath test reading and assumed the driver was intoxicated, this may create enough doubt to have the case dismissed.

Potential legal defenses

Individuals and their attorneys may try several legal defenses to dismiss a first-time DUI charge. For example, they could challenge the legality of the traffic stop or question the accuracy of the tests performed. In some cases, defense teams will offer an alternative explanation of the accused’s behavior. This may include an existing medical condition or faulty breath testing devices.

The importance of case specifics

Navigating a first-time DUI charge involves a nuanced approach where each detail can impact the outcome. The unique circumstances of the arrest and the evidence presented play crucial roles in the court’s decision. 

By focusing on these specifics, individuals can gain a clearer perspective on the legal process and potential outcomes, ensuring they address their situation with the necessary attention.