About Blood & Breath Tests in DUI Cases

It is important to understand the science and procedures relating to breath and blood testing and how this information can affect DUI charges in Forsyth County. The law requires that you take a test if asked to do so. However in order to ask you to take the test, the law enforcement officer must have what is termed “probable cause” in order to demand the test. The officer must observe evidence of actual intoxication. Then an arrestee must be read his implied consent rights.

Finding this “probable cause” is one of the more difficult tasks of law enforcement. They often use field sobriety tests to achieve this; however, you are not required to submit to these tests. If you are asked to take a blood or breath test and refuse, you will face serious penalties. If you refuse a breath or blood test, you may be able to avoid the consequences if law enforcement violated your rights prior to the request. Defending your constitutional rights can be a complex matter that takes skill and superior knowledge. In any DUI charge, it is critical to get legal representation from a Forsyth County DUI lawyer at once.

DUI Lawyer Challenging Blood & Breath Tests

There is no testing that is 100% accurate, including the types of testing done when someone is arrested for DUI. The breath test can be faulty particularly when the test is incorrectly administered, or the machine used to test has been improperly calibrated or maintained. Even when all procedures of the breath testing machine are correctly used and the machine is properly maintained, the testing device itself has some inherent flaws that can cause a false “read” on the blood alcohol concentration (BAC) level. If you are facing DUI charges that are based on a breath test, it is crucial that you contact the Law Offices of Richard S. Lawson at once to determine whether your breath test evidence can be challenged.

The breath test has an inherent margin of error, and the breath testing machine (the Intoxilyzer 5000) used in Georgia is not the most accurate on the market. Several more accurate models have been manufactured, but the State of Georgia does not care that they are using technology developed in the 1970's. Most State's have moved away from this antiquated machine to the Intoxilyzer 8000.

Blood tests can also be unreliable. Very often people need multiple tests to confirm a medical condition due to hospital errors. The same is true in a DUI case however, you will not be afforded multiple tests. Many things can go wrong in a blood test. There can be problems with the chain of custody of the blood sample. The test can also be misinterpreted. It can be switched with another sample. The Georgia crime lab is no different than any other lab. Sloppy work at the crime lab can lead to an unjust conviction.

The legal team has over 20 years of experience in the defense of those charged with DUI. Richard Lawson is very knowledgeable insofar as the procedures involved in breath and blood testing and he will use that experience to formulate the best possible defense in your DUI case.

Contact a Forsyth County DUI attorney from the Law Offices of Richard S. Lawson if you have been arrested and charged with DUI based on blood or breath test evidence.