Atlanta DUI Attorney

About Blood & Breath Tests in Atlanta & Fulton County

Georgia lawmakers have determined that when you drive a vehicle, you have given “implied consent” to be tested for blood alcohol concentration (BAC). This occurs when police observe signs of being intoxicated while at the wheel. There are a variety of driving behaviors that could cause law enforcement to suspect that you are "drunk driving," such as swerving, speeding, reckless driving, not staying within your lane, wide turns and others. When law enforcement feels that they have seen you drive erratically, they will pull you over for suspicion of DUI.

They may ask you to perform several field sobriety tests looking for more evidence of intoxication. If it is concluded through observation that you are DUI, they will arrest you and take you to the police station to have a blood or breath test administered. If you refuse the test, the law requires that you have your driver’s license suspended for a year or longer. If you have been arrested and charged with DUI and had one of these tests, contact an Atlanta DUI lawyer to review the evidence against you.

DUI Defense Lawyer in Fulton County, Georgia

The breath test is the most common type of BAC test used. In the event law enforcement suspects you are under the influence of drugs, they may ask you to take a blood or urine test. The breath test has an inherent margin of error, and the breath testing machine (the Intoxilyzer 5000) used in Georgia is not the most accurate on the market. The State of Georgia does not care that they are using technology developed in the 1970's. Most state's have moved away from this antiquated machine to the Intoxilyzer 8000.

The Intoxilyzer 5000 is subject to a number of variables that can affect the BAC level that registers on the machine. These variable include: how long ago the alcohol was consumed, whether the individual being tested hyperventilated before the test, the core body temperature of the individual, whether the person was on a high protein diet, whether there is radio frequency (RF) interference with the test (radios and cell phone), whether the person has mouth alcohol such as mouth wash or cough syrup, and whether the subject has been exposed to substances that mimic alcohol such as paint thinners.

For example, if you are suffering from a fever, the unit is likely to register a higher BAC level. At the Law Offices of Richard S. Lawson, the legal team has thoroughly studied the science behind breathalyzer testing, and depending upon the details of your case, may be able to challenge the results. There are specific restrictions by whom and how your blood is drawn and if any errors have occurred, it is possible that your case did not strictly follow the procedures outlined by law. In such cases, court challenges can be filed to suppress the evidence found in the blood test. There have been cases in which the individual had their arm swabbed with alcohol prior to the blood draw, thereby affecting the test.

In other cases, the lab tested the plasma (which had been separated from the rest of the blood), which increases the concentration of alcohol found. You have a right to get an independent blood test after you have been subjected to one through the DUI arrest procedure. There are often many opportunities to defend DUI cases in which the evidence is either breath or blood test data collected by law enforcement. At the Law Offices of Richard S. Lawson, the legal team keeps thoroughly up-to-date with scientific studies and has expert witnesses that can assist in the defense of DUI cases in which you were arrested and where breath or blood test results is the main evidence against you.

Contact an Atlanta blood & breath test lawyer from the firm if you are facing DUI charges and are seeking skilled legal representation.