Today, I'd like to focus on the most common chemical sobriety tests used in Georgia DUIs - the Georgia DUI breath and blood tests.
If the tests test positive for being over the legal limit in Georgia, then a person will be charged with a DUI in Georgia. The delineations for legal limits in Georgia are as follows:
- .08 for Georgia drivers 21 and over
- .04 for commercial vehicle drivers
- .02 for drivers under the age of 21
In order to test a person suspected of DUI, the officer must read the appropriate Georgia Implied Consent Notice. The appropriate notice is based entirely on the age of the driver and his or her driver's license status.
The most used test is the breath test. Breath tests are the most convenient tests for officers to use in a suspected DUI situation. Georgia uses the Intoxilyzer 9000 as our primary breath testing machine. Interesting fact - Georgia also only calibrates the breath-testing machines four times a year. Moreover, 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. These include errors during collection, machine malfunctions, variations in results, possible contaminations, and chain of custody of the sample.
Still, most people fall victim to the belief that if they test above the legal limit with a breath test or a blood test, then they are destined for conviction. This is far from true.
A DUI arrest is embarrassing and confusing. Georgia DUI Penalties can include jail time, money, and many more punishments. Conviction penalties are harsh, but they do not have to happen. There are many ways to challenge the validity of your DUI arrest.
Hiring a top-rated Georgia DUI Attorney is your best defense. Our attorneys can help you challenge your DUI charge and avoid severe penalties by looking for alternative sentences and every possible defense.
Each individual DUI case is complicated. A lawyer who is an expert that can analyze evidence in detail is your best option. Our lawyers begin each case with the ultimate goal of getting charges reduced or dismissed.
There are many different defenses to chemical sobriety tests in DUI cases.
The test results are the single most condemning evidence against you in your DUI case because they show the blood alcohol content on the night of your DUI arrest. We work hand in hand 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 us today.