Posted by duijim in on December 2, 2012
4 Ways to Challenge DUI BAC Tests in Georgia
Once you’ve been arrested for DUI and have had a BAC test, you might think there’s no hope, especially given Georgia’s implied consent laws.
That’s not always true. Did you know that there are ways to challenge a blood alcohol test?
Here are four ways to potentially challenge a DUI blood test or a DUI breath test:
1. Bad Breathalyzers.
For starters, there have been many questions on legitimacy of breath tests and their accuracy. In many states, certain Intoxilyzer machines have been found to have problems, leading to unreliable results. In some states, the calibration of those machines was brought to issue. As a result, numerous BAC tests were ruled inadmissible.
But how about challenging a blood test?
2. Staff and personnel administering the test weren’t qualified.
This could mean that the person isn’t licensed to conduct the blood test. It could also mean that the person isn’t doing the test properly.
3. The chain of custody has gaps or inconsistencies.
All evidence from a crime is supposed to be treated in a very delicate manner. As such, it’s important to know who had custody of the evidence and when, to ensure it wasn’t tampered with. If there are any gaps in the chain of custody or any reason to believe that someone in the chain of custody was suspicious, this can be raised.
4. Improper use or maintenance of equipment.
The equipment used to conduct a breath test, a blood test or a urine test must still be managed, calibrated and used properly in order to achieve reliable results.
Atlanta DUI Lawyer
Know that a DUI can be challenged — even if the blood, urine or breath tests show a high concentration of alcohol. It’s definitely an avenue you’ll want to explore with your DUI lawyer.