Most often, a person is arrested for driving under the influence after a law enforcement officer has asked the driver to perform a breath test using a testing device. These devices are designed to provide a blood alcohol concentration reading after a suspect blows into the device.
Although these instruments can provide strong evidence regarding a driver's BAC, they are not infallible. In fact, it is recommended that persons accused of DUI, after submitting to a breathalyzer test, challenge breath test results. This is because these types of devices can be misused by police officers or issue incorrect results.
Below, our Atlanta DUI defense attorneys have listed some circumstances that may leave a person's breathalyzer test results invalid:
1.Breathalyzer Test Results Cannot Be Used as Evidence Unless an Officer Explains to the Suspect Their Miranda Rights
Before a person submits to or refuses a breath test, a law enforcement officer should inform the person of the Implied Consent Warning. In addition, the officer cannot use the results in court if the defendant was not advised of their right to retain legal representation before taking the test.
2.The Instrument May Not Have Been Calibrated Properly
Every state has their own laws and standards regarding breathalyzer calibration. In most states, breath devices must be checked for accuracy at specific intervals. This can ensure that the instruments are performing consistently and are providing accurate test results.
3.The Device Must Be On a List of Acceptable Devices
According to the Georgia Bureau of Investigation Division of Forensic Sciences, a device called the Intoxilyzer 5000 is the only breath testing instrument that is considered acceptable and is approved for use in the state of Georgia.
4.The Breath Device Must Be Used Properly
Law enforcement officers who use breath devices must be trained to do so and must use the instruments according to their training. If the device is not used properly, the test results may be deemed invalid. In addition, law enforcement officers are required to capture at least two readings that are within .02 of one another before they can be deemed valid.
5.The Driver May Have Experienced a Bodily Reaction Immediately Before the Testing Sequence Occurred
If a person who took a breath test experienced certain bodily reactions prior to taking the test, the results of these tests may not be accurate. Some of these bodily reactions may include:
Arrested for Driving Under the Influence? Contact The Law Offices of Richard S. Lawson!
If you were arrested for driving under the influence and a police officer asked you to take a breath test, contact our Atlanta DUI defense lawyers at The Law Offices of Richard S. Lawson right away. We can examine your case and determine which defensive strategies can best safeguard your future. When you entrust us with your case, we will work hard to put a strategic team on your side from beginning to end. We will never let you feel alone. Instead, we will do everything in our power to protect your rights and freedom.
Discuss your case today by calling our legal team or by filling out a 100% risk-free consultation form online! We are backed by more than two decades of experience!