Defenses to a DUI Breath Test

In Atlanta, GA, most DUI officers will ask the drivers they arrest for DUI to submit to a breath test. There are two different breath tests used in a DUI arrest, and it gets confusing for many drivers to understand what they are be asked to do by the Atlanta DUI officer. The first DUI breath test is called a PBT or preliminary breath test, also known as an Alco-Sensor. This test detects the presence of alcohol and is used by the officer at the side of the road. It gives the Atlanta DUI officer a BAC reading with a .08 being the legal limit for DUI for a driver over the age of 21. The officer uses this reading in making his decision of whether to arrest the driver for DUI, but these machines are unreliable and that reading is not admissable in court.

After being arrested, the Atlanta DUI officer is suppossed to read the driver an Implied Consent warning. Sometimes the officers do not do this correctly and that is fertile ground to attack the DUI case. This warning asks the driver to submit to a test of their blood, breath or urine, or else face a suspension of their right to drive in Georgia (a refusal). The breathalyzer that gives a reading that is admissable in court is given to drivers after arrest for DUI and reading of the implied consent warning if the driver elects to submit to the test. If the reading is over a .08, the driver can be charged with DUI - per se. This means that the driver is presumed DUI with an unlawful blood alcohol concentration. There are many defenses here. These machines are far from accurate and there is calibration and operator error.

If you are facing a DUI charge, call Atlanta DUI lawyer Richard Lawson today to discuss the many defenses that may be available in your case. Richard gets his clients the best possible results. Call him today to discuss how his Atlanta DUI-only law firm can help you.