Driving under the influence of alcohol or drugs is a criminal offense in all states including Georgia that has some of the most stringent DUI laws. For the purposes of DUI law, a person is impaired when they do not have the ability to operate a motor vehicle safely after consuming alcohol, prescription medications, or drugs.
Motorists who indicate a blood-alcohol concentration (BAC) of 0.08% or more are liable to be charged with DUI, which is the measurable limit in Georgia as well. If you are in this unenviable situation, you need legal DUI help. No law enforcement agency will tell you this but there is a site that can help you mightily. It is: https://usattorneys.com/.
A motorist’s BAC is determined by conducting breath, blood and urine tests. However, breath tests have always been a subject for debate where experienced DUI attorneys have often had cases of the clients dismissed due to faulty breathalyzer machines. According to Atlanta, GA DUI lawyers the accuracy of a breath test can never be assumed. This includes the Intoxilyzer 5000 and Intoxilyzer 9000, widely used by law enforcement in Georgia.
Breathalyzer testing conditions
The Intoxilyzer 5000 is one of the oldest machines used and has been around since the 1990s; the Intoxilyzer 9000 has been recently introduced and touted to be an improvement on its predecessor. Tests conducted by the Georgia Bureau of Investigation suggest that the latest machine is accurate in determining the level of BAC. However, Atlanta, GA DUI attorneys reiterate the fact that this is only under ideal testing conditions that includes a healthy subject and skilled administrator.
Testing conditions are never the same while there are bound to be differences since every individual reacts differently to alcohol, drugs, and other medications. In addition, the experience of test administrators is questionable while there is also potential for operators of these breathalyzers to make mistakes. Therefore, the possibility of a flawed breath test is high and can always be challenged.
Factors affecting breath tests
According to Atlanta, Georgia DUI lawyers, there are several factors that could lead to inaccurate breathalyzer test results. To begin with, residual mouth alcohol is a major contributor to a false positive result. If a person blows into a breathalyzer soon after drinking, the machine will pick up the alcohol residue from the mouth and indicate a higher BAC.
This has been explained by the US Department of Transportation and the National Highway Traffic Safety Administration where alcohol residue could remain in the mouth for as long as 20 minutes before evaporating.
People who have been chewing gum or used dental appliances or asthma inhalers may also end up blowing a higher BAC due to the presence of mouth alcohol. For this purpose, according to DUI law, police officers are only allowed to administer a breath test after 20 minutes of the suspect not having had any alcohol.
In addition, the DUI suspect must be instructed to dispose of chewing gum prior to a breath test. Several medical conditions such as diabetes can also produce inaccurate breath test results due to high acetone levels.
Time is of the essence
If you or a loved one have submitted to a breath test and arrested for DUI, it is prudent to contact a resolute and determined Georgia DUI lawyer right away. Remember, your driver’s license could be suspended if your lawyer does no file an appeal within 10 days.