Challenging BAC Test Evidence in Atlanta
Failing a breath or blood test does not mean you are guilty!
Blood alcohol content (BAC) is a measurement of how much alcohol is in your system. BAC tests are generally considered to be the most reliable way to determine an individual's level of intoxication. In Georgia, your BAC can be measured with a breath test, urine test, or blood test. The legal BAC limit in Georgia depends on the status of the driver. BAC limit categories include the following:
- .08% for drivers over the age of 21
- .04% for drivers operating commercial vehicles
- .02% for drivers under the age of 21
If your BAC measurement exceeds the limit in any of the three types of BAC tests, an officer may arrest you under suspicion of driving under the influence (DUI). However, this does not mean you are guilty of DUI. BAC tests can record inaccurate measurements, and police officers could perform improper procedures during the test. These and other factors may play a key role in your defense.
Since 1985, The Law Offices of Howard J. Weintraub, P.C. has helped clients find positive resolutions with their legal issues. Get informed about protecting your rights by challenging BAC evidence in your DUI case. When you are prepared to take the next step, contact our firm and explore your legal options with a DUI attorney in Atlanta!
Challenging Breath Tests
BAC breath tests are conducted with the Intoxilyzer 5000 machine. While this machine performs better than other breath test machines have in the past, it is still prone to error from a number of factors. For example, it does not take your height, weight, body temperature, or diet into account. Any one of these factors may result in an inaccurate reading. Challenging the breath test and presenting evidence of an invalid measurement may be the key to success in your DUI case.
Challenging Urine and Blood Tests
Even blood and urine BAC tests are subject to error. These tests can be delicate procedures, and any mishandling or improper procedure in the process may result in an invalid test. Even if these tests show that your BAC exceeds the legal limit, proving that an improper procedure was taken or an inaccurate measurement was recorded may be enough to beat your DUI charge.
Learn about Georgia implied consent laws and your right to refuse BAC tests.
Contest the Evidence with the Help of Our Firm
A DUI conviction can have serious consequences on your driving privileges and future opportunities. Fortunately, a DUI arrest that resulted from a BAC test does not automatically make you guilty of a criminal offense. Challenging the evidence of a BAC test is a vital opportunity to avoid a DUI conviction and protect your rights and privileges.
With our Atlanta DUI lawyers fighting in your corner, you may be able to beat your DUI charge. We have more than 40 years of combined experience handling difficult criminal cases. When it comes to protecting your rights, retain he criminal defense lawyers who know the ins and outs of Georgia DUI law. Work with The Law Offices of Howard J. Weintraub, P.C.!
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