Challenging breathalyzer results can be a crucial strategy in defending against a DUI charge. Factors like medical conditions, machine calibration, and officer training can all influence the accuracy of the results. Understanding these issues and how to address them can significantly impact the outcome of your case.
In this article, you can discover…
Certain medications, particularly those containing alcohol, can impact breathalyzer results. For instance, cough medicines with alcohol can artificially inflate your blood alcohol concentration (BAC) reading.
Additionally, breath testing technology can inadvertently discriminate against women due to differences in lung capacity, potentially leading to higher BAC readings. These factors truly drive home the importance of having a skilled lawyer who can challenge such issues in court.
Calibration is important when the accuracy of breathalyzer results is in question. States mandate regular calibration of breath testing machines, which can range from monthly to quarterly, depending on the jurisdiction.
If these machines are not calibrated within the required timeframes, their results can be challenged in court. Inaccurate calibration records can lead to the suppression of breath test results, making it a truly essential part of building your defense against a DUI charge.
In Georgia, specific legal requirements must be met for breathalyzer testing to be valid. Officers conducting the test must be trained in breath testing technology, specifically when using the Intoxilyzer 9000.
Furthermore, the officer must hold a permit issued after completing a class on using the machine. Additionally, the breathalyzer must be calibrated and checked quarterly to ensure accuracy. These requirements are essential for the results to be admissible in court.
With extensive experience in DUI defense, Attorney George Stein is highly qualified to address issues pertaining to breathalyzer results in Georgia. Over the years, he has successfully challenged flawed tests, particularly those affected by medical conditions, medications, or improper calibration.
George’s deep understanding of breathalyzer technology and legal procedures has helped countless clients avoid conviction by uncovering inaccuracies in testing. His proven track record of suppressing faulty breath tests ensures that his clients receive the strongest possible defense in DUI cases.
Contact him today for assistance dismantling inadequate breathalyzer testing for your DUI case.
You have the right to request a breathalyzer retest in Georgia if you believe your initial results are incorrect.
Under the state’s implied consent laws, after you take the state-administered test, whether it’s a breath, blood, or urine test, you are entitled to have an independent test taken by medical professionals of your choosing.
If necessary, you could request two or three independent tests, and if this request is denied, the results of the state’s initial test could be invalidated.
An officer’s training is critical when it comes to ensuring the accuracy of breathalyzer results. Proper training ensures that the officer can correctly operate the machine, input the necessary data, and follow the required procedures. If an officer is not adequately trained or fails to follow protocol, it can lead to errors in the test results, potentially affecting their validity and the overall functionality of the machine.
I’ve handled several cases where the breathalyzer test initially seemed damning to my client. However, a lawyer’s key strategy often lies in the suppression of evidence.
If you can identify flaws in the testing process or challenge the admissibility of the breathalyzer results, it can significantly change the course of the case. In several instances, I’ve been able to successfully suppress the breath test results from being entered into evidence against my clients. This, in turn, led to the renegotiation of charges and even a complete dismissal of the case in some instances.
Securing wins like these for my clients is incredibly empowering and exhilarating. It’s deeply satisfying to know that I’ve made a positive impact on someone else’s life, especially when the odds are so heavily stacked against them.
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For more information on Challenging Breathalyzer Results In A DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 681-4000 today.
With extensive experience in DUI defense, Attorney George Stein is highly qualified to address issues pertaining to breathalyzer results in Georgia. Over the years, he has successfully challenged flawed tests, particularly those affected by medical conditions, medications, or improper calibration.
George’s deep understanding of breathalyzer technology and legal procedures has helped countless clients avoid conviction by uncovering inaccuracies in testing. His proven track record of suppressing faulty breath tests ensures that his clients receive the strongest possible defense in DUI cases.
Contact him today for assistance dismantling inadequate breathalyzer testing for your DUI case.