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Challenging the breathalyzer test as your DUI defense

On Behalf of | Feb 24, 2023 | Drunk Driving |

Driving under the influence (DUI) of alcohol or drugs is an offense that can lead to significant penalties. The Georgia Implied Consent Law requires drivers to submit to chemical tests when the police stop them with probable cause. Refusing to be tested may lead to the suspension of your driver’s license for a minimum of one year. Thus, it may help to submit to the test. You also have a right to politely decline a roadside test and opt for one at the police station.

If the police officer performs a breath test, and the results show your blood alcohol concentration (BAC) is high, leading to a DUI charge, you can present a defense. Here are two defenses you may be able to use.

Inaccurate results

If a breathalyzer test gives a false positive or a much higher rate than you believe your alcohol consumption would have caused, it may have defects. Improper calibration of the device can cause inaccurate results also Further, some medications, mouthwashes and foods may produce a false positive. Proving this mistake may lead to the dismissal of your charge.

Improper procedure

The police are trained to perform breath tests to get accurate results. They will direct you on how to blow breath into the machine and the time between succeeding tests. The difference between these two breath results should be small for the test to be valid. Thus, if the police did one test or didn’t wait enough before performing a second one, you may challenge the procedure used.

If you have been charged with a DUI offense, it will help to get professional guidance to protect your rights and help ensure that all potential defenses are explored.