DeKalb County Breath Test DUI Lawyer
State law in Georgia dictates that all motorists have given implied consent to have their blood alcohol concentration (BAC) tested by a police officer. This can happen if law enforcement notices signs of intoxication such as swerving in and out of lanes, driving unreasonably slow or fast, or otherwise showing signs of impairment. If you are pulled over and an officer wants to test your BAC, they will likely ask you to take a breathalyzer test.
You are under a legal obligation to submit to the breathalyzer test when asked. Refusing to do so comes with serious penalties. However, there are defenses available if you fail the test. Below, our DeKalb County breath test DUI lawyer explains further.
Penalties for Refusing the Breath Test DUI
You can refuse to take the breath test in Georgia, but there are penalties for doing so. If you refuse, your driver’s license will be automatically suspended for one year. For the first 30 days, you will not be eligible for a limited permit. If you refuse, it may also give the officer more reason to believe you are impaired, resulting in an arrest and charges. Additionally, your refusal can also be used against you in court to prove your guilt.
What Happens if You Blow Over the Limit During a Breath Test DUI?
It is natural to think that if you blow over the limit of 0.08 BAC, there is nothing you can do. Fortunately, this is not true. There are many defenses available if you blow over the legal limit. These are as follows:
- Lack of probable cause: Police officers cannot pull you over without reason in DeKalb County. They must have reasonable cause to believe that you are intoxicated. If law enforcement did not have probable cause, any evidence obtained after the stop can be thrown out.
- Failure to read implied consent: Police officers must also read the implied consent law to you. If they fail to do this, any evidence obtained from the breath test can be suppressed.
- The breathalyzer device was faulty: Georgia is known for using some of the oldest models available when conducting breath tests, even though many other states have updated their devices. This can result in inaccurate results. Breathalyzer machines must also be properly maintained and calibrated or it could result in inaccurate results.
- Medical conditions: Certain medical conditions, such as diabetes, can also result in a person blowing over the limit even when they are not impaired.
- Contributing factors: There are many other factors that can result in an inaccurate reading. These include if a person had just used mouthwash, a diet high in protein, the person’s core body temperature, hyperventilation, and the amount of time between testing and alcohol consumption.
Call Our DeKalb County Breath Test DUI Lawyer Today
If you have blown over the limit when taking a breathalyzer, our breath test DUI lawyer in DeKalb County can help. At The Spizman Firm, our experienced attorney can determine which defense is right for your case and build strong arguments to give you the best chance of a positive outcome. Call us today to schedule a consultation and to learn more about how we can help.
