How Accuracy of DUI Breath Tests Can Vary
Breath and blood tests play an integral part of DUI cases in Atlanta Georgia. If you find yourself accused of DUI, seek advice from an attorney experienced in representing people charged with driving under the influence of alcohol or drugs; an experienced defense attorney can help fight your DUI charge and obtain optimal results in your situation.
Police Officers Relying on Breath Tests
Breath tests are one of the primary forms of evidence used against DUI suspects; however, their accuracy can be affected by numerous factors; among these are:
Police typically use an Intoxilyzer 9000 produced by CMI Incorporated as their standard breath testing device across Georgia.
A breath test device is a sophisticated piece of machinery and can provide extremely accurate readings, but there may be flaws that cause falsely high breath test results for people with certain medical conditions or taking certain legal prescription drugs. Furthermore, inaccurate readings may occur if someone was chewing gum or taking cough syrup prior to being tested for their BAC levels.
Mouthwash may also contribute to an inaccurate reading by leaving behind residue that raises one’s BAC, while individuals suffering from esophageal hernia, heartburn or liver disease often have difficulty in breathing efficiently and passing breath tests correctly.
Further factors can skew BAC results inaccurately, such as medical issues or environmental considerations. A knowledgeable Atlanta DUI attorney will work tirelessly to challenge all such influences and ensure your BAC readings are accurately reported.
Refusal of a DUI Breath Test
Under Georgia implied consent laws, refusing a chemical test following being arrested for DUI is considered an offense and may lead to your driver’s license being suspended by the Georgia Department of Driver Services. Even if your license remains intact after refusing, such an act gives grounds for state attorney General arguments that you were aware of the potential negative ramifications for refusing.
Only when under arrest and transport to the police station can a breath test refusal be refused; once read your Miranda warning and asked by officer to submit to test. Should you decline, Georgia driver’s license can be suspended for up to a year.
Under Georgia law, anyone with a blood alcohol concentration (BAC) of 0.08% or above is considered guilty of DUI per se and infringes upon the law regardless of age or commercial driving status.
Under DUI law, driving with any amount of drugs or alcohol that makes driving less safe is illegal – this is known as DUI less safe.
