Types of Evidence in Atlanta GA DUI Cases

Types of Evidence in Atlanta GA DUI Cases

Atlanta DUI Attorney Evidence DUI Cases

If you have been charged with DUI in Atlanta GA, your case will most likely go before the City of Atlanta Municipal Court. While different courts handle cases differently, yours could potentially go to either of two courts: City or Federal.

In order to successfully prosecute you for DUI, the state must present evidence proving you were driving under the influence of alcohol or drugs (including prescription medications) at the time of driving. This evidence may come in the form of circumstantial evidence or direct testimony.

Circumstantial Evidence

Circumstantial evidence can still be powerful when it comes to DUI cases. Circumstantial evidence refers to evidence which infers facts through indirect methods. Such sources could include eyewitness testimony, the physical evidence at the scene and expert witness testimony.

An Atlanta driver accused of DUI may have performed poorly on field sobriety tests, such as walking in a straight line or touching their outstretched finger to their nose. Their defense may contend that their poor performance on these tests was caused by being overweight, having medical conditions, wearing restrictive footwear or unfavorable weather conditions.

If you are arrested in Georgia for DUI, your case will typically begin in municipal court; however if it involves serious allegations such as a fourth DUI conviction in 10 years or having children in your vehicle at the time of arrest then Fulton County State Court will hear the matter instead.

Your attorney and prosecutor must now work quickly to gather as much evidence for your defense as possible in preparation for trial, especially given how long State Court can take in scheduling it – giving new laws time to change or new evidence emerging that could strengthen it.

Expert Witnesses

An expert witness is defined as any individual whose knowledge transcends that of an average person and provides invaluable assistance for the trier of fact, typically a jury. His or her testimony must be supported by sufficient facts, data and reliable principles and practices; to qualify as such an expert the court usually conducts voir dire to evaluate credentials – an expert doesn’t need a specific area of expertise but must possess levels of understanding that go beyond ordinary experience.

An experienced Atlanta DUI attorney might enlist the services of an expert to assist in understanding the circumstances of your accident and injuries, and help convince a jury to award you damages for them.

Expert witnesses often base their opinions on a combination of factors including training, education and experience within their fields of expertise; medical and dental records of the Plaintiff; their examination and treatment (whether treating doctor or independent medical examination or “IME”) as well as information disclosed during discovery such as depositions, interrogatories, requests for admissions and pleadings from both sides; opinions from other experts they have worked with previously; as well as any other resources readily available to them. How heavily jurors weigh expert witnesses is entirely up to them – jurors decide when selecting their expert’s testimony!

Blood Alcohol Content (BAC) Tests

Under Georgia law, if an officer suspects you of driving under the influence, they have the authority to request that you submit to a chemical test such as breath or blood analysis for purposes of Implied Consent Laws. You may opt out, though doing so could result in license suspension.

A breathalyzer, more commonly referred to as a breathalyzer, is one of the most frequently utilized BAC tests. These devices give police officers a digital readout showing your estimated BAC level; although accurate for many individuals, various factors could skew results negatively.

Blood tests are more invasive than portable breathalyzers, requiring that a sample be extracted from your body for analysis in specialized laboratories. They use tests such as carbohydrate deficient transferrin (CDT), phosphatidylethanolamine (PEth), etc. that can detect heavy alcohol use through increased levels of certain substances in your bloodstream.

An experienced DUI lawyer can challenge the process of collecting blood or urine samples and create reasonable doubt that your BAC was above legal limit at the time you were driving. They may also contest test results by showing they were conducted improperly or were inaccurate.

Accident Scene Photos

No matter if it be for personal injury or DUI cases, high-quality accident scene photos are essential in supporting either side of these legal disputes. Photos should document the size and scope of an incident as well as any damage done to vehicles involved. Bird’s-eye views of roads or intersections along with traffic indicators like lights or signs should also be captured in photos as should length and width measurements for skid marks as well as debris that has come loose from vehicles causing accidents; close-up shots should include items like broken glass or plastic debris with reference items such as coins or pens to give scale measurements when taken close-up images to such objects for reference when necessary.

Georgia law encourages prosecution of DUI cases due to public demand that drunk driving laws be strictly enforced, making having an experienced Atlanta DUI defense lawyer crucial in protecting yourself against prosecution. An attorney with knowledge can assist with understanding all relevant laws that pertain to your situation as well as using its specificities for your own benefit.

After an accident, it’s best to refrain from posting to social media platforms; any inappropriate language could be taken out of context and used against you in court proceedings. Our experienced personal injury and DUI lawyers at Henningsen Injury Attorneys are on standby ready to answer your queries and offer a complimentary consultation service.