How to Challenge BAC Evidence in an Atlanta Georgia DUI Case

How to Challenge BAC Evidence in an Atlanta Georgia DUI Case

Atlanta, Georgia recognizes a DUI as a criminal charge of driving while under the influence of alcohol or drugs. This offense carries serious repercussions, such as fines, jail time and mandatory community service requirements.

Building a successful defense against DUI charges begins with being aware of your rights and understanding the process for challenging evidence used against you. Our Atlanta DUI attorneys can explain how to challenge evidence in your case.

Challenge Breath Tests

Georgia gives drivers the right to decline chemical testing when arrested for DUI, but doing so can have serious repercussions such as losing their driver’s license or worse, being convicted of the charge.

Breath tests are an integral component of a DUI case. They help the judge decide whether someone is guilty or innocent of driving under the influence. If a police officer believes someone’s BAC level exceeds the legal limit, they’ll ask them to blow into a breath test machine for confirmation.

Unfortunately, breath test machines can malfunction or have errors that lead to inaccurate results. That is why hiring an experienced Georgia DUI attorney is essential; they will thoroughly investigate the BAC test results and challenge any inaccuracies present.

A DUI lawyer who successfully challenges the BAC test results may be able to have it nullified. This is especially true if a client has any medical conditions or an unusual health history which might impact their ability to provide accurate results.

For example, some individuals suffer from a condition known as small intestinal bacterial overgrowth (SIBO), which can result in inaccurate BAC levels on a breath test. Another common reason for a negative breath test is hypoglycemia or diabetes.

DUI attorneys may target the source code for many breath testing machines as it is susceptible to attack by programming experts. This makes sense since many computerized devices possess their own software which runs the test; thus, this information could potentially undermine the validity of the machine’s BAC measurements.

This software is intended to assist the tester in calculating how much alcohol is in an individual’s bloodstream and to compute a BAC. Unfortunately, the source code of these machines may not always be clear and consistent.

DUI attorneys who collaborate with experienced breath testing experts often have the capacity to challenge test results at trial, allowing a judge to consider other evidence that might be more pertinent in the case and providing an effective defense against conviction.

Challenge Blood Tests

A blood alcohol content (BAC) test is one of the most crucial pieces of evidence that can be used against you in a Georgia DUI case. If you are arrested for DUI and your BAC exceeds the legal limit, you may face serious consequences such as fines, jail time and license suspension.

If you have been arrested for drunk driving in Georgia, it is essential to understand your rights and how to challenge the police’s blood alcohol testing results. A lawyer can guide you through this process and ensure that police follow legal regulations when administering a blood test.

In some instances, blood samples taken for analysis by the GBI crime lab may take days or even months to be returned. This means your trial could be postponed and you won’t know anything about your case until those results are returned from the lab.

In a Georgia DUI case, there are numerous ways that a blood alcohol test may be challenged, such as when the sample wasn’t collected properly or the analysis wasn’t accurate; or there are questions regarding the phlebotomist’s qualifications. A reliable DUI lawyer will be able to thoroughly investigate your case and guarantee that the result of the blood alcohol test is admissible.

Additionally, your lawyer can contest the accuracy of a breath analyzer used by police to test your blood alcohol concentration (BAC). There are various factors that could cause this test to be inaccurate, such as poor dental work, diabetes, eating a diet low in carbohydrates and high in protein, using an inhaler due to asthma symptoms, and more.

Finally, a knowledgeable Atlanta DUI attorney can challenge the suspension of your license due to your refusal to take the state-administrated breath test. Once this occurs, you have only 30 days to appeal; contact any of our Top Six Atlanta DUI lawyers now to explore your options for fighting the suspension. Our lawyers have been successfully defending DUI clients since 1990 and possess the knowledge and skill to craft a powerful defense for your DUI case in Georgia. Our lawyers will thoroughly investigate every angle of your situation and vigorously challenge any piece of evidence used against you.

Challenge Urine Tests

When a driver is suspected of driving under the influence, law enforcement often requests a urine test. Therefore, it’s essential to hire an experienced Roswell Alpharetta DUI attorney who understands drug testing science and how to challenge its results in court.

An experienced attorney can successfully challenge a urine test in a Georgia DUI case by asserting that the sample was improperly collected or improperly handled.

If a urine sample wasn’t disposed of properly and exposed to air for some time, it may become contaminated or fermented. This could result in a false positive and render the test result unreliable.

Another possible issue to raise is whether the officer obtained a warrant to collect the sample. A court could grant a motion to suppress results of a urine test if taken without valid authorization.  With that, blood tests can also face challenges. If a sample was altered, switched with someone else’s, or mixed in with other people’s tests, the entire procedure could be invalidated.

One way our Top Six Atlanta DUI attorney can successfully challenge a blood test is by challenging the qualifications of either the phlebotomist who took your blood or technicians who conducted analysis. Blood testing requires precise procedures, so any deviation from those protocols could serve as evidence in support of defense of test.

Another potential concern with a blood test is the potential presence of heavy metals like mercury and antimony, which have been known to interfere with central nervous system functioning and may impair someone’s capacity for driving safely. They may cause dizziness, weakness, drowsiness and lack of concentration while driving.

Challenge Blood Alcohol Levels

If you have been charged with DUI in Georgia, it’s essential to know that you can challenge the blood alcohol concentration (BAC) evidence. This is because BAC levels are one of the primary criteria juries use when deciding if someone was intoxicated enough to drive a vehicle. While your blood alcohol concentration (BAC) increases over time as alcohol is absorbed and metabolized by your body, taking anywhere from 20 minutes to three hours depending on metabolism and body size.

When you are arrested for a Georgia DUI, the arresting officer may request a blood test to determine your blood alcohol concentration (BAC). While this test is not mandatory, it can provide valuable evidence that your attorney can use to fight your case in court.

Experienced Georgia Atlanta DUI lawyers are essential in challenging any of these tests’ results and presenting a compelling case to the judge. A DUI conviction carries serious repercussions, such as fines, jail time, license suspension or even revocation of your driver’s license.

Challenging a BAC Test

In an Atlanta DUI case, it is essential to remember that your blood alcohol level (BAC) may have been affected by several different factors. These include the equipment used for analysis, storage procedures for your sample, and any other issues which could have led to an inaccurate reading.

Your attorney may attempt to challenge the results of your breath test as well. This strategy can be especially successful in cases where field sobriety tests were clear but you still received a DUI.

If you’ve been charged with DUI in Atlanta, it’s essential to contact an experienced defense attorney as soon as possible. Doing so will guarantee your case is properly prepared and gives you the best chance at beating these charges in court.

It is essential to have an attorney who can contest the results of your breath, blood and urine tests. Doing so allows them to examine BAC evidence and detect any discrepancies which could be used against you in court for challenging a DUI charge.