In Georgia, Blood Alcohol Concentration (BAC) testing is a central part of DUI investigations, with breath testing being the most commonly used method. Despite its widespread use, BAC testing devices can produce inaccurate results, making it critical to challenge their reliability if you are facing DUI charges. Attorney Simon Peed, an experienced Georgia DUI lawyer, provides this guide to help you understand the process and your rights when it comes to BAC testing.
Types of BAC Testing in Georgia
- Portable Breath Test (PBT):
- Handheld device used during roadside stops.
- Known to be unreliable and prone to errors, such as retaining data from previous tests.
- Results are generally inadmissible in court, except for limited purposes.
- Evidentiary Breath Test:
- Conducted at the police station using machines like the Intoxilyzer 5000.
- Subject to Georgia’s Implied Consent Law, which imposes harsher penalties for refusal.
- Known to produce false readings due to calibration issues and environmental factors.
- Blood or Urine Tests:
- Conducted if the Evidentiary Breath Test is refused or additional evidence is needed.
- Police may obtain a warrant for a blood draw, and refusal to comply is not an option if a warrant is granted.
Understanding Your Rights
- Preliminary Breath Test (PBT): You are not legally required to take the PBT, and Attorney Simon Peed advises against doing so without consulting legal counsel first.
- Evidentiary Tests: Refusal to take the test can lead to license suspension and harsher consequences under the Implied Consent Law. However, test results can be challenged in court.
- Warrant for Blood Draw: If the police obtain a warrant, you must comply. Voluntary compliance with a warrant is advised to avoid additional legal complications.
Defending Against BAC Test Results
BAC tests rely on scientific principles, but they are not foolproof. Attorney Simon Peed knows how to scrutinize these results and identify errors such as:
- Machine Calibration Issues: Faulty or non-certified devices can produce false readings.
- Testing Procedure Errors: Improper administration of the test can invalidate results.
- External Factors: Medical conditions, diet, and environmental factors can affect test accuracy.
Take Action Now
If you have been arrested for a DUI in Georgia and subjected to BAC testing, a significant part of the state’s case against you will depend on these results. With his expertise in DUI defense, Attorney Simon Peed can challenge the validity of BAC evidence and build a strong defense tailored to your case. Contact him today for a free and confidential consultation.
