Breathalyzer Tests

You May Be Able to Challenge Results with an Athens DUI Defense Attorney

Your blood alcohol content (BAC) reading is critical to the state’s case during the course of a DUI arrest. Because of this, the law was designed to compel individuals accused of drunk driving to submit to a requested breathalyzer test. Failure to comply can result in a number of penalties—some more severe than if you had taken the test and failed.

If you would like to discuss the impact a breathalyzer test result may have on your case, call (706) 705-5122. Our Athens DUI defense lawyer is ready to help.

Consequences of Refusing the Breathalyzer

It may seem like common sense to refuse the breathalyzer so there isn’t enough evidence to be charged with DUI; however, there are other forms of evidence, such as the officer’s testimony about your appearance and behavior, that can be used against you. In fact, the act of refusing the breathalyzer can be used by the prosecution as evidence of your guilt.

One of the biggest consequences you can face as a result of refusing the test is an administrative license suspension. Just by virtue of being arrested for DUI and the breathalyzer refusal, your license can be suspended for up to one year. And, unlike someone who blew over the legal limit, you will be ineligible for a limited permit that would allow you to drive to work, school and other court-approved locations.

Challenging a breathalyzer refusal violation is possible. If the office failed to inform you of the Implied Consent warning, or your arrest was illegal, your refusal could be thrown out.

Challenging Breathalyzer Readings

Breathalyzers are comprised of a number of components that must work together in order to deliver an accurate reading. If there are any errors with the device, the results may be inflated. To ensure everything is in good working order, the police are required to perform routine calibration and maintenance on the unit. The first thing a DUI lawyer will do after taking on a case is ask for a copy of the breathalyzer’s maintenance logbook. If the attorney finds that these records are not up to date, he or she can file a motion to have the results suppressed.

In addition to mechanical problems that can impact the reading, there are also biological matters that can affect the breathalyzer. Certain conditions, such as acid reflux or diabetes, could inflate the reading.

A number of factors can taint a breathalyzer’s accuracy, such as:

• Recent dental work
• Low-carbohydrate diets
• The devices margin of error
• Interference from radio devices
• Human error

We Can Fight Your Case

Don’t let your fate rest in the hands of a test that is riddled with problems. Attorney Lee Webb has completed his certification in using the Intoxilyzer 5000—the brand of breathalyzer machine used by Athens police departments—so he understands the specific issues with this form of testing. We understand that financial strains can often keep individuals from getting the defense they need, but Attorney Webb works with clients to help come up with affordable payment plans.

If you have questions about what your breath test results mean to your case, call (706) 705-5122 for a no-charge, no-obligation case evaluation.