Closer Look at Breath and Blood Tests in Georgia DUI

Posted by Richard Lawson | Jun 21, 2018 | 0 Comments

My aim in each of my posts is to focus on different aspects of Georgia DUI Laws because this area of the law is complicated, people tend to have plenty of misconceptions of DUI in Georgia. 

Today I'm going to give a closer look into Georgia DUI breath and blood tests

Bottom line - if the test is positive for being above the legal limit in Georgia, then you will be charged with a DUI in Georgia. The following are the exact delineations for legal limits in Georgia:

  • .08 for Georgia drivers 21 and over
  • .04 for commercial vehicle drivers
  • .02 for drivers under the age of 21

In order to even test a person suspected of DUI, the officer must read the appropriately designated Georgia Implied Consent Notice. 

The appropriate notice is based on the delineations set above. Or in other words the notice is based on the age of the driver and his or her driver's license status.

The most common sobriety test is the breath test. This is because breath tests are simply the most convenient tests for officers to use. Georgia uses the Intoxilyzer 9000 as the breath testing machine which actually has many faults and issues.

However, breath tests are becoming increasingly less reliable. This has resulted in officers requesting a blood test instead or in addition to the breath test. But there are potential issues with blood tests as well. These include errors during collection, machine malfunctions, variations in results, possible contaminations, and chain of custody of the sample. 

The unreliability of both tests means that they are both open to challenging through Georgia DUI defenses. A skilled and experienced Georgia DUI Lawyer can challenge the accuracy of either test given in Georgia. 

A DUI arrest is both embarrassing and confusing, and for some people it is the worst day of their lives. Georgia DUI Penalties can include: 

The good news is that our attorneys can help you challenge your DUI charge and avoid severe penalties by looking for alternative sentences and every possible defense. Our firm exclusively works in DUI Defense in Georgia. We work with toxicology experts and understand the methodology of DUI testing, so that we can challenge the validity of all test results. 

If you or a loved one have been charged with a DUI in Georgia, contact a Georgia DUI Attorney today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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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!