Challenging Breathalyzer Results In Georgia DUI Cases
Breathalyzer tests play a critical role in many DUI cases, especially in Georgia. When an individual is pulled over under suspicion of driving under the influence, law enforcement may administer a breath test to measure the blood alcohol concentration (BAC). If the test shows a BAC of 0.08% or higher, the driver is often arrested for DUI. However, breathalyzer results are not always reliable, and they can be challenged in court. As experienced DUI attorneys in Marietta, we understand the significance of these tests in DUI cases and the potential errors that can occur during administration and analysis.
We regularly encounter breathalyzer-related issues that can affect the outcome of a case. Breathalyzer devices used in Georgia must meet specific standards, and these machines are subject to calibration and maintenance rules. Even slight missteps in these areas can skew results, leading to false BAC readings. Additionally, factors such as the timing of the test, medical conditions, and even what you ate earlier in the day can also impact breath test accuracy. It’s important to remember that the results of a breathalyzer are not absolute proof of intoxication. By examining the circumstances surrounding the test, we can often find grounds to challenge the results in court.
Georgia Dui Law: Contesting Breathalyzer Validity
Under Georgia law, specifically O.C.G.A. § 40-6-392, drivers have the right to contest the validity of a breathalyzer test. O.C.G.A. § 40-6-392 governs the collection, testing, and admissibility of chemical tests, including breath tests. This statute mandates that these tests must be conducted using methods approved by the Division of Forensic Sciences and that they must be performed by individuals who have proper training and certification. If these procedures are not followed to the letter, the breathalyzer results could be deemed inadmissible in court.
In addition to procedural errors, the reliability of breathalyzer devices can be called into question. In Georgia, law enforcement primarily uses the Intoxilyzer 9000, a device that has faced scrutiny for producing inaccurate results under certain conditions. Challenges to these devices often focus on calibration issues, operator error, and the potential for software glitches. We have successfully argued that faulty equipment or improper operation can render breathalyzer results unreliable, helping clients avoid the severe penalties that come with a DUI conviction.
Common Issues In Challenging Breathalyzer Results
When we challenge breathalyzer results, we focus on several key areas. First, we review the calibration records of the device used in your case. Georgia law requires that breathalyzers undergo regular maintenance and calibration checks. If the device wasn’t properly calibrated at the time of the test, the results could be inaccurate. We also examine the qualifications of the officer who administered the test. O.C.G.A. § 40-6-392(b) mandates that certified individuals conduct breathalyzer tests, and failure to comply with this requirement can lead to the exclusion of the test results.
Moreover, external factors such as health conditions can affect the accuracy of breathalyzer readings. For example, individuals with acid reflux or diabetes may produce falsely high BAC readings due to residual alcohol in their mouth or changes in metabolism. Additionally, environmental factors such as temperature fluctuations and exposure to certain chemicals can interfere with the device’s readings. By investigating these potential issues, we can build a strong defense to challenge the prosecution’s reliance on breathalyzer results.
Legal Consequences Of Faulty Breathalyzer Tests In Georgia DUI Cases
In Georgia, DUI penalties can be severe, ranging from hefty fines and license suspension to jail time. That’s why it is important to scrutinize every aspect of the evidence, including breathalyzer results. We work diligently to ensure that our clients receive fair treatment under the law, and we explore every possible avenue to challenge unreliable or improper evidence. If you have been charged with a DUI based on breathalyzer results, you don’t have to face the legal process alone. Challenging the validity of these results could be the key to reducing or dismissing the charges against you.
Georgia Dui Frequently Asked Questions
Can I Refuse A Breathalyzer Test In Georgia?
Yes, you can refuse a breathalyzer test in Georgia, but there are consequences under the state’s implied consent law (O.C.G.A. § 40-5-67.1). When you are granted a driver’s license in Georgia, you automatically agree to submit to chemical tests, including breath tests, if suspected of DUI. Refusing the test can result in an automatic suspension of your driver’s license for up to one year, regardless of whether you are convicted of DUI. However, a refusal can also limit the amount of evidence the prosecution has against you, which can be an advantage in court.
What Are The Common Reasons Breathalyzer Results Can Be Inaccurate?
Several factors can cause breathalyzer results to be inaccurate. These include improper calibration or maintenance of the device, operator error, and medical conditions like acid reflux, diabetes, or even the presence of certain chemicals in the environment. Breathalyzers also measure alcohol in your breath, not your blood, so it may not always reflect your actual BAC accurately. Additionally, recent consumption of alcohol or the use of certain mouthwashes or medications can lead to false-positive results.
How Does Georgia Law Handle Faulty Breathalyzer Results?
Under Georgia law (O.C.G.A. § 40-6-392), there are strict guidelines for the administration and admissibility of breathalyzer tests. If the device was not properly calibrated, maintained, or operated, we can argue that the results should be excluded from the evidence. We also have the ability to cross-examine the officer who administered the test and subpoena maintenance records for the breathalyzer machine used in your case. If we can show that the test was unreliable, it could lead to a reduction or dismissal of your charges.
What Happens If My Breathalyzer Results Are Excluded From The Evidence?
If we successfully challenge the breathalyzer results, and the court excludes them from evidence, it can weaken the prosecution’s case significantly. Without reliable breathalyzer results, the state may have difficulty proving that you were over the legal limit, which could lead to a dismissal or reduction of the charges. Even if other evidence exists, such as field sobriety tests or officer testimony, eliminating the breathalyzer results gives us a stronger position to negotiate favorable outcomes for you.
Should I Hire An Attorney If I Want To Challenge Breathalyzer Results?
Yes. Challenging breathalyzer results requires in-depth knowledge of Georgia DUI law, the science behind breathalyzer tests, and the specific procedures law enforcement must follow. As attorneys experienced in Georgia DUI cases, we understand how to identify weaknesses in the prosecution’s case and use those weaknesses to our client’s advantage. A successful challenge to breathalyzer results can mean the difference between a conviction and an acquittal, so having skilled legal representation is critical.
Contact Our DUI Lawyer In Marietta For A Free Consultation
If you have been charged with a DUI based on breathalyzer results, it’s important to act quickly. Challenging these results can make all the difference in your case. At The Mazloom Law Firm, LLC, we have the experience and knowledge to scrutinize every detail of your case and fight for the best possible outcome. Protect your future, your driving privileges, and your freedom by contacting us. Contact our DUI lawyer in Marietta at The Mazloom Law Firm, LLC, at 770-590-9837 to receive your free consultation. Our office is located in Marietta, Georgia, and we proudly represent clients in DUI cases throughout the area. Let us put our expertise to work for you.
