Understanding Blood and Breath Tests

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Georgia law states that when you get behind the wheel of a car you have given "implied consent" to be tested for blood alcohol concentration (BAC). If an officer observes something that may indicate impairment when you are driving such as swerving, speeding, reckless driving, not staying in your lane, and wide turns, he or she has the right to pull you over for suspicion of DUI. When you are pulled over, you may be asked to perform a field sobriety test. You do not have to perform this test. If the officer then decides to arrest you, you will be taken to the station and required to take a state mandated blood or breath test. You must take this test; if you do not, you will face up to one year of license suspension.

DUI Attorney in DeKalb County

The breath test is the most common way your blood alcohol concentration (BAC) is tested. Currently, the state of Georgia uses the Intoxilyzer 5000 to measure BAC. This device was developed in the 1970s and is far from accurate. Many states have upgraded to the Intoxilyzer 8000, which has a smaller margin of error. The Intoxilyzer 5000 has several flaws that can lead to an inaccurate BAC reading as this model does not take several factors into account, such as:

  • How long ago alcohol was consumed;
  • If the individual hyperventilated prior to the test;
  • The individual's body temperature;
  • A high protein diet;
  • Radio frequency interference;
  • The use of cough syrup or mouth wash; and
  • Exposure to paint thinners.

Richard Lawson understands the science behind breathalyzers and can review the results of your BAC test - may even be able to challenge the results. If you have your blood drawn to test your BAC, certain regulations must be followed. If the person did not follow the procedure, your attorney may be able to challenge the results and weaken the prosecution's case. There may also be errors in the way your blood was tested after it was drawn. You have the right to get an independent blood test in addition to the official blood test at the station. Our legal team has over 20 years of experience defending DUI cases and will work aggressively to defend your case. A DeKalb County DUI attorney at our office will review each piece of evidence that the prosecution has against you and attempt to weaken their case as much as possible.

Contact a DeKalb County DUI lawyer from the Law Offices of Richard S. Lawson if you are facing DUI charges and are seeking skilled legal representation.

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