Posted by duijim in on March 9, 2023
When you get pulled over in Georgia for suspected DUI, police often administer a Breathalyzer test. Although this preliminary alcohol screening device is not as precise as those at police stations, it can still be used to support your arrest.
If your blood alcohol content exceeds the legal limit, consulting an Atlanta DUI attorney about fighting your charges in court is essential. Contesting the Breathalyzer test could make all the difference in your case.
Reasons Police Give a Breathalyzer Test
Police often administer a Breathalyzer test during a DUI arrest to obtain an accurate reading of someone’s blood alcohol content (BAC), since breath tests are faster and more precise than taking blood samples.
However, this can be misleading if officers fail to exercise caution when using the device. Furthermore, all electronic devices have an error margin which could potentially skew results.
Unfortunately, devices may not be calibrated according to legal requirements and thus provide inaccurate readings. Furthermore, external factors like weather, diet or the presence of other substances can influence someone’s BAC level.
Refusing to submit to a test of your blood, breath or urine is considered “refusal” and can carry additional penalties that could be used against you in court should your case go to trial.
If you are arrested for DUI in Atlanta, GA and your BAC exceeds the legal limit, the officer will ask you to take a chemical test. If you decline, your driver’s license will be suspended for one year.
Additionally, a breath test may not be admissible in court as evidence if the officer failed to read you your Miranda warning prior to requesting the Breathalyzer test, or the device wasn’t calibrated according to legal requirements.
Can the Breathalyzer Test Be Used against the Police in Court
The Breathalyzer test is one of the most commonly used by law enforcement to detect drunk driving. These machines provide an accurate way of measuring how much alcohol is in a person’s bloodstream.
But, these tests can also be inaccurate if a police officer fails to adhere to proper protocol when administering them.
Thankfully, laws exist to guarantee these devices aren’t misused incorrectly. In fact, if a breathalyzer is used improperly in court, its results could be excluded as evidence.
In California, operators of breathalyzers must obtain two samples within 0.02 grams of each other in order to minimize false positives. This helps guard against large numbers of false positives.
When a driver is arrested for DUI, they will undergo a Breathalyzer test to determine their blood alcohol content (BAC). This measure of inebriation will be used by the prosecutor as proof that someone was under the influence at the time they were driving.
Before agreeing to take any chemical test, defendants who were arrested for DUI should always consult an attorney. Refusal to take a breathalyzer test can lead to charges of refusing to submit to a chemical test; this can be an uphill battle but there are numerous avenues available for fighting the charge.
How to Fight Breathalyzer Test Results in Court
In Georgia, you are allowed to refuse a field breath test and also an in-person chemical test at the police station. Refusing these tests is considered a violation of Georgia’s implied consent laws and could result in your driver’s license being suspended for up to one year.
Fortunately, there are ways to fight Breathalyzer test results in court. An experienced DUI attorney will know the most effective defensive tactics to help you avoid conviction and win your case.
First, you’ll need to challenge the legality of your arrest. Generally, police must have a specific and legitimate reason for stopping you, such as slurred speech or the smell of alcohol on your breath.
If an officer violated your Fourth Amendment right against unlawful search and seizure by failing to give you probable cause to stop, the results of your Breathalyzer test can be suppressed in court.
A qualified attorney will review whether the police administered the breathalyzer correctly and failed to follow proper procedures, such as waiting for you to vomit or hiccup before administering the test.
Finally, make sure your lawyer knows about any health conditions which could have influenced the test results. These could include diabetes, acid reflux, and certain diets or medications which produce alcohol-like compounds.