DUI Chemical Tests And How To Challenge Them
No one wants a DUI on their record. It’s a serious charge that can have long-term consequences. If you are currently facing charges for DUI, it is important to do everything that you can to fight them. The best thing that you can do is hire an experienced Atlanta DUI Attorney to review the facts and circumstances of your case and determine whether there are any bases on which to argue for dismissal, as well as if there are any potential defenses to the charges. One such basis might be to challenge the chemical test that was used to charge you. Depending on the type of chemical test that was used, and how it was administered, lab-tested, transported, and logged into evidence, the test may not be reliable evidence that the court could fairly consider.
Types of Chemical Tests
Chemical tests, unlike field sobriety tests, are less subjective. When an officer asks you to stand on one foot, they are making an assessment of whether you are doing a good job balancing or are impaired due to alcohol, but when you take a breathalyzer test, it returns a number that can seem harder to argue with. However, chemical tests have their fair share of issues and inconsistencies too and they can be challenged by filing a motion to exclude the evidence in the case. There are three kinds of chemical tests. They can be performed on blood, urine, and breath. The breath test, or breathalyzer, is most common for testing alcohol levels, while blood tests are the most common for testing the presence of alcohol and other drugs. Urine tests are best used only when no other means of testing are available, because they are known to be highly inaccurate when it comes to assessing BAC.
Challenging Chemical Tests
- Depending on the circumstances, you may be able to argue that the breathalyzer equipment used to test you was not properly maintained, or that the inherent margin of error for the machine casts too much doubt on your BAC (if it was close to the legal limit).
- If conducted properly, Blood tests tend to be the most accurate of all the kinds of chemical tests, but they can be challenged based on lab testing procedures and processing issues.
- As noted above, urine tests are not considered reliable when it comes to confirming whether someone was driving over the legal limit. Urine tests are no longer used in Georgia to test for alcohol as they are not approved by the Georgia Bureau of Investigations Division of Forensic Sciences. Urine tests still are used in a small number of cases to test for other drugs.
Talk to an Atlanta DUI Attorney
Hawkins Spizman Trial Lawyers, serving Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, and the greater Georgia area, are here to help if you are facing DUI charges. Contact our DeKalb County DUI attorneys today to schedule a free consultation and find out how we can work toward the best possible outcome in your case.