Posted by iberkovits iberkovits in on July 16, 2024
Breathalyzer tests are an invaluable piece of evidence in DUI prosecutions, providing a reliable method for measuring blood alcohol concentration (BAC). But these tests should never be relied upon as 100% accurate measures of BAC; there will always be some variability.
Challenging breathalyzer accuracy is a complex task requiring knowledge of science and law. An experienced Atlanta DUI lawyer can use comprehensive defense strategies to create strong defenses.
1. Examine the Machine
Georgia’s Implied Consent Law mandates that anyone accused of DUI submit to chemical testing, which includes breath and blood samples. A skilled DUI attorney can challenge the accuracy of these tests in order to build a strong case against their client.
Breath tests can be compromised by various factors, including mouth alcohol, mouth sprays, dental diseases, acid reflux disease, medications and temperature fluctuations. An experienced Atlanta DUI attorney can scrutinize all these variables to ensure accurate and valid results are produced by any given breath test.
An experienced DUI attorney will also examine the maintenance and calibration records of the breath test machine in question, with any discrepancies being used against prosecution in their defense of their client against breath test results. By remaining up-to-date with legal developments and precedents, DUI lawyers can craft effective defense strategies against breath test results that help their clients avoid DUI charges altogether. Refusing chemical tests may lead to severe penalties; thus it is crucial for anyone arrested of DUI to seek legal advice immediately after arrest.
2. Examine the Location
Breathalyzer test results of Georgia drivers charged with DUI can often serve as evidence against them, along with factors like erratic driving or failing field sobriety tests which indicate intoxication.
An individual charged with DUI in Georgia faces serious criminal and license repercussions, and their DUI lawyer should be capable of challenging every aspect of their case – such as scrutinizing Breathalyzer testing accuracy.
Breathalyzers use computer algorithms to estimate an individual’s blood alcohol concentration (BAC), making these systems susceptible to errors. An experienced DUI attorney knows how to detect these mistakes and understands which legal avenues can help their client win their cases – for instance investigating maintenance and calibration procedures as well as chain of custody protocols can all potentially help avoid conviction in court proceedings against high BAC results.
3. Examine the Officer’s Training
Challenging evidence in your DUI case is of vital importance, and an experienced Atlanta DUI attorney can help by reviewing device, testing procedures, and qualifications of person conducting test in order to help build a strong defense strategy on your behalf.
Medical conditions and diet can influence BAC readings. An analysis of your case may provide another explanation for elevated BAC results and weaken the prosecution’s case against you.
Law enforcement officials must strictly abide by a protocol when administering breath tests, otherwise inaccurate and misleading results could occur. Your Atlanta DUI attorney may investigate the maintenance and calibration records of the breathalyzer used in your case; should these show any discrepancies or irregularities, they can use them to weaken the credibility of evidence presented against you. Furthermore, working alongside medical experts, your Atlanta DUI lawyer could demonstrate how various physiological factors could cause false positive breath test results.
4. Examine the Evidence
Reliable breath test results are essential evidence in DUI cases, and raising reasonable doubts about their accuracy allows Atlanta DUI lawyers to undermine prosecution cases while finding more favorable resolutions for their clients.
Like any machine, breath tests are only as accurate as their maintenance and calibration are kept in optimal conditions. By closely inspecting how law enforcement maintains and uses these machines during DUI investigations, an experienced Atlanta lawyer can detect any flaws which might compromise results and identify flaws which might skew results incorrectly.
Medical and physiological factors can also have an effect on breathalyzer results, so an experienced DUI attorney must work with experts to provide possible explanations for elevated BAC readings. They’ll use statutory discovery to obtain analytical findings from police departments to strengthen their client’s case, perhaps even by having the BAC results excluded altogether from trial altogether; this would provide them with no tangible evidence against their client and disarm the prosecution altogether.