Cedartown, GA asked in DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia

Q: In chattooga county, can 40 degree weather with no jacket affect the sobriety test of walking in a straight line?

Would someone be able to get a dui charge dropped do to the weather?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Cold weather and lack of appropriate clothing can indeed affect a person's performance on sobriety tests, including walking in a straight line during a DUI investigation. Factors like shivering, muscle tension, and difficulty balancing can make it challenging to complete the test successfully. However, it's essential to understand that weather conditions alone may not be enough to have a DUI charge dropped.

While the weather may be a factor in your case, other evidence and circumstances will also be considered. The officer's observations, breathalyzer results, and any other signs of impairment will play a significant role in determining whether a DUI charge is valid.

If you believe that the weather conditions unfairly influenced the sobriety test results, it's crucial to consult with an attorney who can assess your specific case. They can help you gather evidence, such as expert testimony or medical documentation, to support your defense and potentially challenge the DUI charge.

Ultimately, the outcome will depend on the specific details of your case and the strength of your defense. It's essential to work closely with an attorney to explore all available options and build a robust defense strategy.

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