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Breath Test Defenses in Georgia

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Fighting a DUI charge in Georgia often involves challenging the results of a breath test. Savannah DUI attorney Simon Peed can help you navigate your case and explore the most effective defenses for your specific situation. Here are some of the most common defenses to a Georgia DUI breath test:

Common Breath Test Defenses:

  1. Machine Calibration Issues: The breathalyzer was not properly calibrated, leading to inaccurate results.
  2. Radio Frequency Interference: External signals, such as police radios, may interfere with the machine.
  3. Improper Testing Procedures: The officer did not follow the correct protocols during testing.
  4. Insufficient Observation Period: The officer did not observe you for the required duration to ensure valid results.
  5. Medical Conditions: Conditions such as GERD or acid reflux can cause falsely high BAC readings.
  6. Partition Ratio Defenses: The machine assumes a standardized ratio for alcohol absorption, which can vary between individuals.
  7. Rising BAC: Your blood alcohol concentration (BAC) may have been below the legal limit while driving but increased by the time the test was conducted.
  8. Maintenance Records: The breathalyzer may not have been properly maintained, affecting accuracy.
  9. Unqualified Operator: The officer administering the test was not certified or trained to use the equipment.
  10. Mouth Alcohol Presence: Residual alcohol from dental work, burping, or other factors can affect results.

How These Defenses Help:

When effectively applied, these defenses can lead to the breath test results being excluded from evidence, significantly weakening the prosecution’s case against you.

Why Experience Matters:

Not every defense applies to every case, and using the wrong one can backfire. Attorney Simon Peed will evaluate your unique circumstances, investigate procedural errors, and build a strong defense tailored to your situation.

If you’ve been charged with a Georgia DUI, call Simon Peed today for a confidential case evaluation. Time is critical to protect your rights and build the best defense possible.

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