In Georgia DUI investigations, officers may use two types of breath-testing machines. While the hand-held preliminary breath tester (PBT) is often requested at the scene, under Georgia law, you have the right to refuse this test. The results of the PBT are not admissible in court. However, the results from the Evidential Breath Testing Machine, used post-arrest, are.
After being arrested for a DUI in Georgia, you will be read the Implied Consent Warning and taken to the local police station. There, you’ll be asked to exhale into a long tube connected to a stationary Evidential Breath Testing Machine. Unlike the PBT, the results from this device can and will be used as evidence in your Georgia DUI case.
However, these machines are not infallible. Numerous defenses may be available to challenge the results. One of the first things Simon Peed, an experienced Georgia DUI attorney, will investigate is whether the arresting officer had probable cause. If it is determined that the officer lacked probable cause to make the arrest, any evidence collected after the arrest, including breath test results, could be dismissed from court.
Scientific and legal defenses can be employed to protect your rights. Choosing the most effective strategy requires an in-depth understanding of Georgia DUI law and the specific details of your case. With specialized training and extensive experience, Simon Peed will meticulously review the circumstances of your traffic stop, arrest, and breath test to craft the best defense for you.
Just because the Evidential Breath Testing Machine recorded a BAC above the legal limit does not mean a conviction is inevitable. Each case demands careful examination of the evidence. Let Georgia DUI attorney Simon Peed assess your case and provide guidance on the strongest defense available. Contact him today for a consultation!
