Blood & Breath Tests
State 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 cause law enforcement to suspect that you are driving under the influence, such as swerving, speeding, driving recklessly, not staying within your lane, executing wide turns and other actions. When law enforcement feels that they have seen you drive erratically, they will pull you over for suspicion of driving under the influence of alcohol or drugs.
Law enforcement may ask you to perform several field sobriety tests to determine whether or not you are actually attempting to operate a motor vehicle under the influence of alcohol or drugs. If police decide that you are intoxicated, they will arrest you and administer a breath or blood test. Although you are not required to submit to these tests, refusal may result in the court suspending your driving privileges. If you have been arrested and charged with DUI and had one of these tests, contact a lawyer from our firm to review the evidence against you. If you have questions about your case, schedule a free case evaluation so that we can help you understand your legal rights and options.
Inconsistencies and Errors
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 1970s. Most states have moved away from this antiquated machine to the Intoxilyzer 8000.
A number of variables may affect the BAC level that the Intoxilyzer 5000 indicates. These factors 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, our legal team has thoroughly studied the science behind breathalyzer testing may be able to challenge your test results. There are specific restrictions regarding 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.
Atlanta DUI Lawyer Richard S. Lawson can fight the evidence!
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.