How to Challenge a Breathalyzer Result in Georgia

If you get pulled over for a DUI in Georgia, you are probably going to be asked to take a breathalyzer test. While it is up to you whether you actually take the test or not, there is a lot riding on your result. Register a BAC of under 0.08%, and you are in the clear. Any more than that, and you face serious legal issues. But how accurate is this scientific instrument, anyway? What if it malfunctioned and gave a false reading? How can you challenge your breathalyzer result and escape the consequences of a DUI charge?

Your first step should be to get in touch with an experienced criminal defense attorney in Georgia. Our lawyers can assess your unique situation during a consultation and determine the best possible defense strategy. Each situation is different, so internet research will only get you so far. In order to strive for the best possible results, you will need to meet with a lawyer face-to-face. And remember, a private defense attorney offers many notable advantages over a public defender. For example, they are more likely to fight your charges rather than simply ask for a plea deal. 

The Officer Who Administers the Test Does Not Show Up to Court

If the officer who administers the breathalyzer test does not show up to court to testify against you, you may not face any charges. This is because if the court is not able to hear firsthand how the test was administered, it is impossible to know whether it was done correctly. Another police representative who was not there cannot say that they “heard” it was done correctly, as this is hearsay. 

The Officer Was Not Properly Trained

Although the breathalyzer is a relatively simple device, it does require proper training for accurate results. If the officer was never properly trained to use this scientific instrument, then the results become highly unreliable. In fact, the court will likely dismiss this evidence if you can prove that the officer was not certified to use the device. 

The Breathalyzer Was Not Properly Calibrated

The breathalyzer test measures the amount of alcohol in your breath, and as such, it must be very carefully calibrated. It is a delicate piece of equipment, and it cannot simply be taken out of a patrol car and used immediately like a stun gun or a firearm. If you can prove that the breathalyzer was not properly calibrated before use, this evidence may be dismissed. 

The Entire Traffic Stop Was Unconstitutional

Finally, you can show that the officer never had reasonable cause to pull you over in the first place, making the entire traffic stop unconstitutional. 

Enlist the Help of a Qualified Attorney Today

If you have been searching for a qualified criminal defense attorney in Georgia, look no further than Lankford & Moore Law. Over the years, we have helped many defendants, including those who have been charged with DUIs. There are many ways in which your breathalyzer result may be dismissed, so do not assume that this will automatically result in a conviction. With the right legal assistance, you can fight for your rights. Book your consultation today to get started with an effective action plan. 

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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