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What Are the Best DUI Defenses to Beat the Charge?

Posted by Brett Willis | Nov 30, 2023 | 0 Comments

We've all heard the saying, "Don't drink and drive." While this is sound advice, the reality is a bit more nuanced. In the state of Georgia, as in many parts of the United States, consuming alcohol and driving isn't strictly against the law. What is illegal is driving while impaired to the extent that one poses a danger to others on the road. The crux of the matter, then, is defining and proving this impairment. Many individuals charged with a DUI may seek defenses that highlight their ability to drive safely despite consuming alcohol.

Understanding DUI: Consumption vs. Impairment

Legality of Alcohol Consumption and Driving

First, let's set the record straight: it is not illegal to consume alcohol in the state of Georgia. Nor is it illegal to then drive a car. The illegality comes into play when an individual becomes an impaired driver after consumption. But how do we differentiate between mere consumption and actual impairment?

Defining Impaired Driving

Impaired driving isn't just about having a certain level of alcohol in your bloodstream. It's about how alcohol affects one's ability to operate a vehicle safely. Impairment might manifest in slower reaction times, poor judgment, or inability to focus. When such conditions arise, the driver becomes a potential danger to others on the road.

What Are the Best DUI Defenses to Beat the Charge?

Demonstrating Lack of Impairment

The primary defense against a DUI charge often revolves around the assertion that, while alcohol may have been consumed, the driver was not impaired. Evidence to support this can include:

  1. Field Sobriety Test Results: These tests assess balance, attention, and reaction. If a driver performs well, it could be evidence that they weren't impaired. 

  2. Witness Testimonies: Witnesses, especially sober ones, can testify regarding the defendant's behavior and coherence before driving. 

  3. Video Evidence: Dashcam or surveillance videos might show a driver's behavior, such as maintaining lanes and obeying traffic signs, indicating non-impairment.

Questioning Breathalyzer Accuracy

Breathalyzers measure blood alcohol content (BAC), but they are not infallible. Factors like calibration, operator error, and the presence of certain medical conditions or substances can lead to inaccurate readings. Demonstrating that a breathalyzer reading might not be reliable can be a powerful defense. 

Asserting Rights Violations

Every individual has rights when stopped by law enforcement. If protocol wasn't followed, like not being read one's rights or being subjected to an illegal search, the evidence obtained might be inadmissible in court.

Emphasizing Responsible Alcohol Consumption

Even if one has consumed alcohol, it's essential to demonstrate responsibility. Having a designated driver, knowing one's limits, and waiting an appropriate amount of time after drinking before getting behind the wheel are all practices that emphasize responsible alcohol consumption. In the face of a DUI charge, evidence of such practices can aid in one's defense.


Facing a DUI charge can be daunting. But understanding the distinction between alcohol consumption and impairment can be crucial in crafting a defense. Remember, the main objective is to show that even if alcohol was consumed, the driver was not rendered incapable of driving safely and was not a danger to people on the road.

While the defenses outlined above are some of the most commonly employed, it's essential to consult with legal professionals who can guide individuals based on the specifics of their case.If you have further questions or need assistance, don't hesitate to contact Brett Willis Law today. We are here to help.

About the Author

Brett Willis

When the government has charged you with a crime, Brett Willis is the man to see. Brett has been winning the most difficult and serious cases since 2005.


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