Savannah Georgia Drunk Driving Attorney

Breath Tests in Georgia

 

The breath test is the most widely used "proof" of Georgia DUI guilt, and officers can actually administer a breath test in the field by utilizing a portable breathalyzer. The term "breathalyzer" refers to any device that uses a sample of a driver's breath to measure his or her blood alcohol content, but there is a manufacturer of these types of devices that has trademarked the term "Breathalyzer" as representative of their brand of such products.

 

Since field sobriety tests are subjectively interpreted by the law enforcement officers who are administering them, they can be challenged in a court of law by an Georgia DUI attorney with a reasonable expectation of success. This is why the officers in the field attempt to get drivers who are suspected of driving under the influence to agree to a breathalyzer test. In Georgia, blood alcohol content of .08 or higher constitutes driving under the influence.

 

There is some debate concerning the best course of action when a driver is asked to undergo a breath test by a law enforcement officer. In Georgia, as in most states, there is an "implied consent" law that gives the police the right to conduct chemical testing to determine whether a driver who is suspected of driving under the influence is in fact over the legal limit. One can decide not to comply and refuse to take the breathalyzer test, but this will usually result in a suspension of your driver's license and other difficulties, including a likely DUI charge under the "less safe" statute. Clearly, refusal to take the breathalyzer could be construed as a tacit admission of guilt and the prosecution may choose to use it as  evidence against the accused.

 

Breathalyzer tests are not infallible. They can be administered incorrectly by an officer, the equipment can malfunction, and the manufacturer of the device may have a history that brings the veracity of its readings into question. Things like cough or cold medication and even breath mints can impact the findings. A person may contend that their physical size or some other characteristic brings the .08 BAC level into question. Georgia DUI charges are a serious matter, and the results of breathalyzer testing should always be discussed with an attorney who specializes in these matters to make certain that your legal rights are being vigorously advocated.

 

If you are charged with a DUI offense, then contact a seasoned Savannah DUI lawyer today.