The last thing you anticipate after leaving a dinner with friends or a late-night shift is to end up pulled over on suspicion of drunk driving. Unfortunately, if this is the case, you may be asked to take a breathalyzer test. However, if the results come back positive, you can end up under arrest for driving under the influence, which can turn your life upside down. If this represents your circumstances, you may wonder if there is any way to challenge the outcome of a breathalyzer test. The following blog explores what you should know about these circumstances and the importance of discussing your circumstances with a Cobb County DUI lawyer.
How Does a Breathalyzer Device Work?
When you are suspected of driving under the influence, you can be pulled over by the police and asked to take a breathalyzer test. First and foremost, it’s important to understand that Georgia, like all states, has implied consent laws. Essentially, this means that by driving on Georgia roads, you automatically consent to chemical testing. Refusal to participate in a breathalyzer test can result in the suspension of your license.
As such, if you are asked to take a breathalyzer, it’s important to understand how these devices work. Generally, you will blow into a tube attached to the device. If there is ethanol on your breath, it will react with a catalyst in the device, resulting in an electric current. The strength of the current will produce a reading of your blood alcohol concentration (BAC).
Generally, if your BAC is at or over the legal limit of 0.08%, you will automatically be charged with a DUI in Georgia. However, if your BAC is below the legal limit but the officer determines that you are still under the influence, you can still face charges.
Is It Possible to Challenge Breathalyzer Test Results?
If you participate in a breathalyzer test and have reason to believe the results were incorrect, you may want to challenge the outcome. However, if you wish to do this, it’s critical to connect with an experienced attorney to assist you through these difficult matters.
Generally, the first thing your attorney will do is examine the arrest record to determine if there were any procedural errors that occurred in the administration of this test. If there were, your attorney could bring this to the attention of the court and fight to have it excluded, as it can influence the outcome of your test results. In addition, your attorney may want to examine the device used to determine if it is functioning properly and calibrated correctly. If the device is malfunctioning, it can skew the results of your test.
It’s also important to understand that you may be eligible to challenge the outcome of the results if you have certain medical conditions. For example, if you suffer from acid reflux or diabetes, these conditions may skew the test results to make it appear as though you have alcohol in your system or your BAC is much higher than it actually is.
Fighting a DUI charge can be difficult. However, when you work with an experienced DUI attorney with Miller Law Practice, our team will explore all potential avenues to help you challenge your DUI and get your life back on track. Contact us today to learn how we can fight for you.