A criminal case changes from being a mere "he-said-she-said" debate -- into a circumstance that could lead to a conviction -- when the evidence gathered against the accused person is strong. It's not unheard of, however, for evidence that appears strong on the surface to be inaccurate. For this reason, every defendant has the right to defend him or herself against criminal charges.
During a drunk driving defense, challenging existing evidence may be one of the best strategies a defendant can use to cast doubt on the prosecution's version of the facts. Here is some of the most important evidence that an accused DUI defendant may want to challenge in this regard:
Blood alcohol content (BAC) test results
Every form of BAC testing is prone to inaccuracy and error. Breathalyzer tests -- particularly those administered in the field -- have a high chance of not giving an accurate reading. Blood and urine samples can become corrupted, lost or mixed up while they are being tested in police laboratories.
Video evidence could be misleading due to the bad camera angles or poor lighting. Also, video evidence might be used in favor of the defendant to refute a police officer's story of what happened during the arrest.
The credibility of witnesses, including police officer testimony, could be called into question by a skilled defense attorney.
Sobriety test results
Sobriety tests are also prone to inaccuracy and a police officer's opinion about someone's state of intoxication could be subject to error.
If you've been inappropriately accused of drunk driving in Georgia, it's time to get serious about your defense. The sooner you act to protect your rights, the better it will be for your criminal proceedings.