Buford DUI Attorney
If you or a loved one has been charged with a DUI in Buford, you need to call one of our experienced Buford DUI Lawyers now. Whether this is your first DUI or your third, we are here for you. A DUI conviction will impact your life, family, job, and future, so it is critical that you obtain the best representation for your case. Call now for a free case evaluation.
Challenging Breath Test Results in Buford DUI Cases
Most drivers are arrested for DUI in Buford after a police officer has requested the driver submit to a breath test using a testing device. These devices are designed to provide a blood alcohol concentration (BAC) reading after the driver blows into the device. Although these devices can provide strong evidence regarding a persons intoxication levels, they are not flawless. Actually, our Buford DUI Lawyers recommend that a driver challenge the breath test results after submitting to a breathalyzer test. These devices must be properly maintained and must be appropriately administered. A lack of maintenance or misuse by the officer can result in the evidence not being admissible.
Our Buford DUI Attorneys have defended against inaccurate breath test results for decades. We understand that the reading may not have been accurate and are here to help you! Some of the ways we have been successful in proving the breath test invalid include:
1. Failure to inform driver of rights: Before a person submits or refuses to submit to a breath test, the officer must inform the person of the correct warnings. In addition, the officer cannot use the results in court if the defendant was not advised of their right to legal representation before taking the test. A failure of the officer to explain a persons' rights can result in the breathalyzer results being excluded from the evidence.
2. Failure to calibrate the device properly: Law enforcement officers must ensure that their device has been calibrated property and is regularly checked for accuracy. A failure to comply with Georgia's laws can result in the evidence being thrown out. Our Buford DUI Attorneys always request maintenance logs for the Breathalyzer in our investigation to make sure the device was reading correctly.
3. Failure to use an acceptable device: 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. Any other device will not be acceptable, and any evidence obtained will not be allowed in court.
4. Failure to use the device appropriately: 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 appropriately used, 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 considered valid. A failure to obtain at least 2 readings or a lack of training can result in the evidence not being admissible in court.
5. Inaccurate reading due to sickness of driver: If a person who took a breath test experienced certain bodily reactions before taking the test, the results of these tests may not be accurate. Some of these bodily reactions may include burping, throwing up, or reflux.
6. Inaccurate result due to consumption of certain substances: Certain foods and drinks can lead to a false positive reading on the breathalyzer. If the driver had recently used Listerine, it can lead to a reading that the driver had been drinking.
Our Buford DUI Approach
Many factors can affect a DUI charge. A good Buford DUI Lawyer will thoroughly investigate each piece of evidence surrounding your charges, and look at all the options available to you. Our team of Buford DUI Attorneys have powerful investigative skills and will pore over every detail of your case. We work to protect your rights, future, and driver's license!
A DUI conviction brings hefty fines and stiff penalties. First-timers can pay up to $1000 in fines, face twelve months' probation, and a license suspension of up to one year. The penalties of second and third DUI offenses are enhanced.
No matter the circumstances surrounding your Buford DUI arrest, you should know that DUI is a serious crime that requires a serious defense. Timing is crucial, so do not hesitate to contact one of our DUI Lawyers in Buford now.
Buford Municipal Court
Buford Municipal Court is responsible for handling city ordinance and traffic violations that occur within the city limits of Buford. Buford Municipal Court is held the third Friday of every other month at either the Buford Municipal Court Building at 2200 Buford Highway, Buford, GA 30518, or the Annex Building at 2300 Buford Highway, Buford, GA 30518. Call 770-945-6761 for more information.
If you were charged with DUI or driving while your license was suspended, our Buford DUI Lawyers can help. Our DUI Attorneys in Buford are dedicated to being accessible to their clients—days, nights, weekends, and holidays while working hard on their behalf. When you choose our firm, your Buford DUI Attorney will manage your case from beginning to end while protecting your rights and creating solid defense strategies; regardless of the charges. They will make sure you understand all your options and the good and bad of each. They will advise you on the best approach to take for your Buford DUI case based on their many years of experience. Your future is at stake, so do not sit around waiting for your case to resolve itself.