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.
WE CAN HELP YOU NOW:
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.
30 DAY WARNING:
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.
NEVER ASSUME GUILT - EVEN IF YOU TOOK AND "FAILED" A GEORGIA BREATH TEST:
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.
BLOOD TESTING IN GEORGIA:
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 Georgia. Contact 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.