Breath Tests and Blood Tests in Georgia DUI Cases

Breath Tests and Blood Tests in Georgia DUI Cases

There are two primary forms of DUI charges. Both are part of the same DUI statute, there are important distinctions however. If a breath test tests positive for being over the limit, which is a .08 for Georgia drivers 21 and over, .04 for commercial vehicle drivers, and .02 for drivers under the age of 21, you will be charged in Georgia with a DUI per se.

This means that you have a blood alcohol level that is unlawful under Georgia law. The only thing that a Georgia DUI prosecutor has to prove is that you were driving and then took a test showing your BAC was over the limit. Cases like these may be challenged by proving that were not actually driving (for example you were sleeping in your car, or you were at home when the officer arrested you), or by having breath test results suppressed (excluded from trial).

This is generally carried out through motions prior to the case moving to trial when your Georgia DUI lawyer can then prove legally that there is reason for breath test results to not be used against you. It is common to challenge the correctness and dependability of the breath test results. Drivers often appear “fine” on the video recording of the arrest. We work with experts in breath testing who will examine breath testing machines used by the State and who are willing to testify at trial regarding their lack of consistency.


Richard Lawson is a Former DUI Prosecutor with more than 25 years experience defending DUI cases throughout Georgia, Atlanta, Metro Atlanta, and North Georgia. You need to act now to protect your rights and your right to drive.  You only have 30 days to protect your rights.


If your are arrested for DUI in Georgia, you only have 30 days to file an appeal of your drivers license suspension.  We are here to help you file that appeal.  If that appeal is not filed and you took a breath test, your license will be suspended.  If you refused testing, that suspension can be as much as year in length.  If you have prior DUI offenses and you took a breath test, your license can also be suspended for up to a year.  Act now to protect your rights and your ability to drive.  Learn more about your ALS Appeal throughout this site.


There are several potential attacks that can question the accuracy of the test results. The breath-testing machine used in Georgia is subject to several attacks.  The machine ( or the "instrument" as the State likes to call it ) is one of the oldest machines used in the United States.  The manufacturer of it has already developed 2 other replacements.  The State of Georgia has uses this antiquated technology in all counties and cities throughout Georgia.  The availability of better and more undated machines throughout the United State opens up the Georgia breath test machine up to challenge.

In addition, Georgia only sends area supervisors around quarterly to assure the machines are calibrated.  In other States, such calibrations happen far more often.  This is a another potential defense to a Georgia breath test.  There are also experts that have shown that the Georgia machine has a bias against women.  This bias can exaggerate a result when a women takes a breath test.  That exaggerated reading can make all the difference in a close case, with a result close to .08.

Often, a person may refuse to take a breath test or test results may be excluded due to police error. The state may still decide to move forward with DUI-less safe driving charges. A Georgia DUI prosecutor must have proof beyond a reasonable doubt that the driver was a less safe driver due to alcohol consumption. Good video and a lack of evidence indicating faulty driving may be the key to winning your case or at least getting the charges reduced.


Sometimes, a Georgia DUI officer requests a blood test instead of the more common breath test. Breath tests are faster, easier and more convenient; however blood tests are generally more reliable. There are challenges however that can be effectively made against the blood test results. For example if the blood sample is not properly accounted for or there is a possibility that it became mixed up or contaminated somehow.

These challenges can be especially helpful in cases where the driver's field sobriety tests were clean but the blood test results showed incredibly high BAC levels. All of these areas are fertile for challenging your case and can be explored with the help of our Georgia DUI lawyers.

If your goal is to challenge the chemical test in your case, contact the experts that do this every day.  Our office only handles DUI cases in GeorgiaContact the Law Offices of Richard Lawson 24 Hours a day, 7 days a week to begin your DUI Defense. There are challenges to DUI in Georgia, and our attorneys are here every day ready to help.

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    Richard was not the first lawyer I spoke with after my DUI charge, but he was the last when searching for representation. This was my very first time encountering any sort of legal dispute so I had no idea what I was doing and I was very scared. Richard was very friendly, down to earth and consol... Read On

  • Miracle Worker!

    Not only did Richard Lawson and his very capable associate get my DUI reduced to reckless driving with parole, but he did something that I didn't think was possible. I was stopped for a moving violation recently. The police arrested me because they showed my driver's license had been suspended. H... Read On

  • Ideal attorney for anyone

    Mr. Lawson is outstanding. He was professional, attentive to any requests, and got the outcome I wanted but thought was unachievable. I had been arrested for a DUI. The case was very difficult, intricate, and was seemingly without hope, but Mr. Lawson was able to get the charges drastically reduc... Read On

Recent Case Results

  • This case was in Helen Municipal Court.  The client was charged with a DUI and four counts of DUI Child Endangerment.  In Georgia, for every child under the age of 14 in a vehicle it is considered a separate DUI offense.  The client would have been declared an habitual violator from one arrest an... Read On

  • Client was charged with a suspended license because he did not reinstate his privilege to drive after the expiration of his restricted license.  Per my advice, the client properly reinstated his license the day after he was charged.  Case Dismissed in Cobb County State Court.  Read On

  • Client was a resident of New York who was arrested while he was visiting Georgia for pleasure. He was charged with DUI, Reckless Driving, and Speeding 37 MPH over the speed limit. We were able to get the client an unbelievable outcome in Hampton, Georgia. His DUI dismissed, his speeding ticket wa... Read On

Choosing the Best DUI Lawyer

When you are arrested for DUI in Georgia, finding the right Lawyer is Job #1. At the Law Offices of Richard S. Lawson we will investigate your case and find the best possible legal defense to your DUI in Georgia. You are in good hands with Richard Lawson and his associates. We will work tirelessly to help you while compassionately holding your hand throughout the entire DUI Defense Process.

Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!