Georgia Breathalyzer Test
Even if you have never been arrested for driving under the influence of alcohol (DUI), you’re probably somewhat familiar with breathalyzer tests. Also known as breath tests, breathalyzers are used to calculate a person’s level of intoxication by measuring his or her blood alcohol content (BAC). Like most states, Georgia law enforcement officers rely on these results to determine whether a driver should be arrested for DUI. However, due to its numerous flaws, the Georgia breathalyzer test is not always the most reliable test method.
Although breathalyzers can be performed on a number of devices, each state has laws specifying the exact model law enforcement can use in the field. In Georgia, officers administer breath tests on the Intoxilyzer 5000. While the name alone is intimidating enough, due to the many penalties associated with a DUI conviction, it’s the Intoxilyzer’s results that are most terrifying.
Federal law prohibits operating a vehicle with a BAC of 0.08% or higher. Therefore, if your breathalyzer test results indicate a BAC above this limit, you can expect to be arrested and charged with driving under the influence—even if your ability to drive is not affected. At the same time, drivers who have a BAC below the legal limit could also potentially be charged with drunk driving if they show signs of impairment, such as slurred speech or erratic driving, for example.
If this is your first DUI and you are convicted, your sentence will most likely include community service, up to a one-year license suspension, and a minimum $300 fine. In addition, Georgia’s DUI sentencing guidelines require mandatory jail time for a drunk driving conviction, which means you can expect to spend no less than 24 hours behind bars if you are found guilty of DUI—and that’s just for a first offense. Repeat offenders, underage drivers, and commercial vehicle operators face even harsher penalties for driving under the influence.
Despite being the approved breath testing device in Georgia, the Intoxilyzer 5000 is known to have issues with its source code (the data used in BAC calculations). In fact, lawmakers in several other states have contacted the manufacturer of the device about these problems, but without result. Unfortunately, this means many drivers are falsely charged with DUI due to inaccurate breath test results.
If you were recently arrested for driving under the influence in Georgia, attorneys Greg Willis and Lee Webb may be able to help you avoid a conviction. After representing countless drivers across the state, we know all too well how unreliable Georgia breathalyzer tests can be—and our experience comes in handy when the time comes to challenge your test results in court.
Put two of the state’s most successful DUI defense attorneys to work for you. Contact the Law Offices of Webb and Willis today to learn how we may be able to help you reduce your DUI charges to a lesser offense or even get them dropped entirely.
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