Cobb County Breath Test DUI Lawyer
A DUI charge involving a breath test can turn your life upside down in an instant. Suddenly you are facing the possibility of jail time, hefty fines, a suspended license, and a criminal record that could haunt you for years. But you do not have to face this ordeal alone. At The Spizman Firm, our skilled Cobb County breath test DUI lawyers are here to stand up for your rights and fight for the best possible outcome in your case. Contact us today to discuss how we can help.
Georgia’s Breath Test Laws
Georgia’s implied consent law states that any person who operates a vehicle in Georgia has automatically given consent to a chemical test of their blood, breath, or urine to determine their blood alcohol concentration (BAC). If an officer has probable cause to believe you were driving under the influence, they can request a breath test.
Georgia uses the Intoxilyzer 9000 breathalyzer device for DUI breath testing. This machine estimates your BAC by analyzing a sample of your breath. If the test shows a BAC of 0.08% or higher or 0.02% for drivers under 21, you can be charged with DUI per se, meaning you are legally intoxicated regardless of your actual impairment.
Potential Flaws in Breath Tests
While breath tests are commonly used in DUI cases, they are not infallible. Several factors can produce inaccurate or skewed results:
- Improper calibration or maintenance of the Intoxilyzer device
- Operator error by the administering officer
- Physiological conditions like acid reflux, diabetes, or certain diets
- Residual alcohol in the mouth from mouthwash or dental work
- Rising blood alcohol from recent drinking
You have the right to refuse a breath test in Georgia, but this decision comes with consequences. Refusing a breath test will result in an automatic one-year suspension of your driver’s license. If you refuse and are convicted of DUI, you face the same criminal penalties as if you had taken the test and failed.
Our Approach to Defending Cobb County Breath Test Cases
At The Spizman Firm, we have extensive experience defending clients facing DUI charges involving breath tests. We thoroughly investigate every aspect of your case to identify any legal or factual defenses. Potential strategies may include:
- Challenging the officer’s reasonable suspicion for the initial stop
- Arguing the officer lacked probable cause for a DUI arrest
- Disputing the accuracy or validity of the breath test results
- Filing motions to suppress illegally obtained evidence
- Negotiating for reduced charges or alternative sentencing
We take a personalized approach, personalizing our defense to the unique facts of your case and your individual needs. Our objective is always to get the best possible outcome, whether that means fighting for a dismissal, securing an acquittal at trial, or negotiating a favorable plea bargain to minimize the consequences.
Get the Skilled Representation You Deserve
If you have been charged with DUI after a breath test in Cobb County, do not hesitate to seek experienced legal guidance. Our dedicated team at The Spizman Firm is here to protect your rights, reputation, and freedom. Call our Cobb County breath test DUI lawyer today to get started on your defense.
