Most drivers that have been investigated and arrested for DUI in Georgia believe that they are automatically guilty if they have tested over the legal limit for alcohol. This is not always the truth, and a Georgia DUI Lawyer can defend your case and work on successfully getting you the best case scenario.
In today's post, I'd like to focus on DUI breath and blood tests in Georgia so as to clear some things up about the law in our state.
Chemical Sobriety Tests
The legal limits for alcohol intake while driving in Georgia are:
- .08 for Georgia drivers 21 and over
- .04 for commercial vehicle drivers
- .02 for drivers under the age of 21
During a DUI investigation, the officer must read the appropriate Georgia Implied Consent Notice in order to test the accused driver's breath or blood. The appropriate notice is based entirely on the age of the driver and his or her driver's license status.
Breath tests are the most convenient tests for officers to use. Georgia officers use the Intoxilyzer 9000 as their primary breath testing machine. Georgia only calibrates the breath-testing machines four times a year, where, other states calibrate their breathalyzers daily. Some states even recalibrate their breathalyzers after every test. The issues with the Intoxilyzer 9000 can be easily challenged by a skilled DUI lawyer.
Since the breath test is becoming increasingly less reliable, officers may request a blood test instead. There are potential issues with blood tests as well. An experienced DUI lawyer can challenge the common errors during collection, machine malfunctions, variations in results, possible contaminations, and chain of custody of the sample.
The result is that the both tests are open to many different DUI Defenses in Georgia. The accuracy of either test can be challenged. The most condemning and serious evidence against you in a DUI case is the result of your sobriety tests. If challenged properly, it could lead to either a decrease in the severity of your charge or a complete dismissal.
If you or a loved one has been charged with a DUI in Georgia, contact our offices today. We will investigate your case and if there are weaknesses or inaccuracies in your chemical sobriety tests, we will apply the best Georgia DUI Defenses. We specialize solely in Georgia DUI Law and work with toxicology experts to best defend your case.