Mouth Alcohol a Defense to a DUI Charge?

Mouth Alcohol a Defense to a DUI Charge?

Posted By : Atlanta DUI Lawyer Posted On : October 20, 2023

Mouth Alcohol a Defense to a DUI Charge?

If you are charged with DUI in Georgia, it can seem as though no defense exists for you. With the assistance of an experienced DUI attorney, however, an effective legal strategy can be established against prosecution evidence presented. A quality DUI lawyer will have various methods available to them that allow them to effectively challenge evidence presented by prosecution.

It is not a valid defense

Mouth alcohol can skew a Breathalyzer test results, leading to false positive readings and ultimately leading to arrest for driving under the influence. When your breath sample is taken while still having trace amounts of alcohol present, this can cause it to misread as high blood alcohol concentration (BAC), leading law enforcement officials to arrest you without actually driving impaired. Therefore, hiring an attorney specializing in DUI law who can explain this matter further will be essential in your defense case.

An experienced Atlanta DUI attorney can protect your rights if you’ve been accused of DUI in Georgia. They can challenge evidence collected by police such as field sobriety tests and chemical analyses conducted. Furthermore, they can help gather relevant evidence as well as fighting various motions such as motions to suppress. Furthermore, they will assist in understanding any penalties that result from being found guilty.

Georgia has some of the toughest DUI laws in the nation, so a qualified DUI attorney will be necessary in your defense against harsh penalties like jail time, community service hours, probationary periods, mandatory alcohol treatment programs and fines. Your DUI lawyer will investigate every aspect of your case to ensure law enforcement adhered to appropriate protocols and gathered sufficient evidence against you.

If you have been charged with DUI drugs or DUI alcohol, do not plead guilty without consulting with an experienced Atlanta DUI lawyer first. A guilty plea could lead to severe consequences such as losing your driver’s license. Furthermore, future employment prospects could become limited. It would be in your best interests to fight the charges with legal representation from Atlanta’s leading DUI firm in order to minimize potential penalties and ensure future employment success.

A Top Six Atlanta DUI Attorney is known for its vast expertise in DUI cases involving illegal and prescription drugs, drug refusal or refusing a breath test refusal charges, providing assistance with gathering relevant evidence and hiring private investigators for defense.

It is not a good idea to refuse a breath test

Many DUI suspects are unfairly charged due to faulty breath test results. Mouth alcohol can distort breathalyzer results and this could be due to recent dental surgery or other health conditions; for example, those suffering from gastroesophageal reflux disease (GERD) could experience stomach contents (containing any consumed alcohol ) enter their mouth and windpipe during testing, giving an artificially higher blood alcohol content reading than expected.

Mouth alcohol can also come from products like mouthwash, breath sprays or chewing tobacco containing alcohol; these will stay in a driver’s mouth up to 15 minutes post consumption and increase their chance of an elevated BAC test result. Dentures and dental work may trap alcohol particles within them as well, leading to falsely high results on tests.

Another key consideration is the length of time between first contact with the driver and administering a breath test. Police should observe them for 15 minutes prior to administering their test; however, officers often neglect this obligation or simply don’t pay enough attention during this observation period.

As such, it’s not unusual to encounter drivers whose blood alcohol concentration (BAC) exceeds the legal limit despite failing field sobriety tests. A good DUI attorney may investigate whether or not the breathalyzer was properly administered – and could lead to the dismissal of their DUI charges altogether.

An effective DUI lawyer may look beyond the breathalyzer’s procedure to examine other evidence, such as testimony by the prosecutor about your appearance and performance during field sobriety tests. Such subjective evidence is much easier to refute than tests that appear above legal limits.

If you have been charged with DUI in Georgia, seek legal advice immediately from an Atlanta DUI attorney. A successful defense for DUI involves gathering all available evidence including chemical and physical tests; an experienced and knowledgeable Atlanta DUI lawyer will examine all available defense strategies in order to help avoid conviction.

It is not a good idea to refuse a blood test

Breath tests involve using a handheld device to assess one’s blood alcohol content (BAC). Police officers utilize such tests when arresting individuals for DUI; however, their results cannot be admitted as evidence in court. There can be several factors which may skew test results, with mouth alcohol often leading to false positive readings when administered using breathalyzer tests – this includes mouthwashes, breath sprays and chewing tobacco products all contributing towards false readings on breathalyzer tests.

Mouth alcohol can produce an artificially elevated blood alcohol concentration level for drivers, due to its concentration of alcohol particles found within their mouth that could easily be mistaken as breath samples. Therefore, before taking a breath test one should ensure their mouth is free from food or beverage and be careful not to regurgitate, vomit, or hiccup while breathing in.

Dental work and dentures may contain large quantities of mouth alcohol that remains in the mouth for more than 15 minutes, creating an artificially high BAC reading. Therefore, it is wise to consult an experienced Atlanta DUI attorney familiar with such defense strategies to get their legal opinion before using this form of alcohol as an excuse for falsely high readings.

Under certain circumstances, blood samples may be necessary in order to accurately ascertain someone’s blood alcohol concentration (BAC). When this occurs, police officers can apply for a telephonic search warrant to a magistrate or justice of the peace in order to forcefully obtain blood samples from suspects.

Refusing to take a breath or blood test if stopped for DUI in Georgia is often best advised, since refusal can result in license suspension, community service hours, probation alcohol education program attendance costs and Ignition Interlock Device installation (IID). Furthermore, having an experienced Atlanta DUI attorney on your side is also essential – an Atlanta DUI Attorney from the Top Six can ensure all potential defenses for your case are explored for optimal outcomes.

It is not a good idea to plead guilty

Georgia DUI laws and penalties for conviction can be stringent; however, there are ways to fight and avoid jail time. A DUI defense lawyer may help your case by arguing that no legal grounds were given for stopping you and that any breath test administered was administered improperly; they can also examine all evidence to ensure all legal avenues have been explored, potentially even having breathalyzer evidence removed if found to have inconsistent or false readings from it.

When an arresting officer requests a breath or blood test to assess your blood alcohol concentration (BAC), your implied consent to these tests by driving on public roads may require taking one; if not agreeing, politely inform them you would like to consult a lawyer first and tell them your request first before physically resisting or verbally protesting; if arrested, this refusal could become evidence against you in court proceedings.

If you have been charged with DUI in Atlanta, it is crucial that you immediately hire an experienced Atlanta DUI attorney. He or she can provide the knowledge, advice, and experience you require in order to win your case, while explaining it clearly. Furthermore, having someone fight on your behalf saves both time and money!

Breath alcohol tests are the standard means for measuring driver BAC levels; however, other factors may contribute to falsely elevated levels. One such factor is mouth alcohol which remains in your mouth before entering your system and absorbing into it. As soon as possible it is important to seek legal representation; an experienced DUI attorney will be able to assist with these and any other matters that might arise.

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