If you've been accused of intoxicated driving in Georgia, you will not be convicted of the charge until after – and only if – the prosecution successfully proves that you are guilty of the charges beyond a reasonable doubt. The process of proving that you are guilty will primarily rely on evidence, so – as you might imagine –when defending against the charges, you may want to focus on challenging key pieces of evidence that will be used to convict you.
Here are several ways to attack the evidence in your case:
Show that witnesses are not credible
Witnesses may step forward to offer proof against you. If it's an eyewitness, your defense attorney may be able to question the witness in such a way that makes his or her recitation of the events less credible, for example, if the witness begins to contradict him or herself.
Show that drug or alcohol evidence is not valid
The prosecution may present actual drug or alcohol evidence that may have been found in your vehicle to prove you were drunk. However, if you can show that the produced evidence is not actually drugs or alcohol following laboratory analysis, it could weaken the prosecution's case.
Cast doubt on alcohol and drug tests
Evidence in your case could include the results of a Breathalyzer, drug or alcohol test. These tests, however, are not always accurate and you might be able to show why – specifically in your case – the Breathalyzer, drug or alcohol test results should not be trusted as accurate.
If you've been accused of intoxicated driving, don't give up. You might be able successfully challenge the charges in court through a well-planned criminal defense.