If you are stopped for suspected DUI in Georgia, you may be asked to submit to testing of your blood, breath, or urine to determine if there is alcohol (or other drugs) present. If you have failed a Blood Alcohol Content (BAC) test, you will likely be charged with DUI. In Georgia, a DUI conviction will stay on your record forever and can have lifelong consequences. Contact a qualified Flowery Branch DUI attorney today at 679-889-7953 to learn about possible defenses in challenging your BAC results.
Georgia DUI law
Georgia law has strict consequences for drinking and driving. You can be convicted of DUI in Georgia if your BAC is 0.08% or greater (over 21), or is greater than 0.02%, if under 21.
Georgia law enforcement officers are required to read you the implied consent warning prior to seeking any blood, breath or urine tests. This warning provides you with information about what will happen if you take or refuse the test under Georgia law. The law requires strict conformance to the law by the law enforcement officer. So, if the officer makes an error, it can help you win your case. If you refuse the test, you can face a 12-month license suspension.
How BAC is Measured
Your blood alcohol content (BAC) can be measured, based on implied consent, two ways:
- Breathalyzer: This machine requires you to blow into it and then measures your BAC based on alcohol content on your breath.
- Blood test: You give a blood sample and that sample is then processed by a lab to determine the alcohol in your bloodstream at the time the sample was given.
How to Challenge BAC Tests
You might believe that BAC test results cannot be challenged. However, under certain circumstances or situations, you may be entitled to assert a defense. These include:
- Improper use or faulty equipment: Whether the test is by blood, urine or breath the machines need to be used properly in order to yield viable results. If the machine is used incorrectly, or not calibrated, it can invalidate the results.
- Improper personal administers a test: The person administering or processing the test must go through proper training and certification. If they are not licensed to conduct the BAC, you can use this as a defense.
- Improper blood storage: Blood must be processed and properly stored. If an error is made, the results may be inaccurate.
- No probable cause: There must be probable cause for the DUI stop (unless at a checkpoint). If you can prove there was, in fact, no probable cause, your case could be dismissed.
- Custody chain is incomplete: Any collected evidence must be processed and documented in a particular way. If there are holes or inconsistencies in the chain of custody, this can be used as a defense.
Defend your DUI today with a Flowery Branch Attorney
The Stidham Law Firm has significant experience handling DUI defense. If you have cause to raise a BAC result defense the firm can advocate for you. We work with clients throughout Alpharetta, Roswell, Cumming, Johns Creek, and Milton. Call us at 770-408-7000 to set up an appointment today.