Atlanta DUI Breathalyzer Test Attorney
Did you perform a chemical test during a DUI stop?
If officers suspect that an individual is intoxicated, they may require
the individual to perform a blood alcohol concentration (BAC) test, such
as the Intoxilyzer 5000 breath analysis machine. This breathalyzer test
is used as a means of detecting alcohol in a person's system to determine
whether they have exceeded the legal BAC limit. The results of a breathalyzer
test may result in a
DUI arrest, and in turn it may be used as evidence for a DUI conviction.
However, the results of a breathalyzer test are not necessarily proof that
a person is intoxicated. Among the thousands of DUI cases that our Atlanta
DUI lawyer has handled, several DUI charges tried to stand on the evidence
of a breathalyzer test. However, there are many factors involved in breathalyzer
tests and other BAC tests that can skew the results and render the evidence
inadmissible in court. Learn more about how to defend yourself against
the breathalyzer test.
When you are ready to get dedicated legal representation in your DUI case,
we encourage you to take the first step by
contacting The Law Offices of Howard J. Weintraub, P.C.!
Environmental Factors Affect the Test Results
Many problems may arise with breath-test machines. For example, the Intoxilyzer
5000 may not easily identify the differences between alcohol present in
liquor (ethyl alcohol) and naturally-occurring alcohol in the body (isopropyl
alcohol). Depending on the medical state of an individual, he or she may
be tested as having a high BAC with little or no ethanol alcohol in their body.
In other cases, a person's recent diet and their overall body mass
can affect the results of a breathalyzer test. A person who recently ate
or regurgitated and had trace amounts of alcohol in their stomach may
test for a higher concentration than is actually present in their system.
If an officer fails to take these environmental factors into account when
administering the test and reviewing the results, the faulty test may
be wrongfully construed as evidence against you.
You Have the Right To Refuse the Breathalyzer Test
Every citizen has the right to refuse a BAC test. However, many states
also have a rule known as the law of implied consent—this means
that drivers may refuse to take a BAC test, but their license will be
automatically suspended. Although it is not necessarily wrong to refuse
a breath test in all situations, individuals should be aware that
automatic license suspensions do require immediate action to be taken in order to prevent the license
from being suspended for an extended period of time. In addition, even
if you refuse a BAC test, you may still be arrested for DUI.
Don't Face the DUI Alone—Call 404-907-1536
Our DUI attorneys in Atlanta understand that breathalyzer tests are not
infallible indicators of a person's level of intoxication. We also
understand that every person's situation is unique. At The Law Offices
of Howard J. Weintraub, P.C., our firm offers a personalized approach
with each of our client's cases. We review their unique circumstances
and build an effective defense to combat the charges and evidence brought
former prosecutors with 40+ years of collective experience, our legal team has worked on both sides of the courtroom—we know
how the prosecution thinks, and we may take advantage of this knowledge
to build a defense that exposes the weaknesses in their case. Don't
let the faulty evidence of an improperly administered breathalyzer test
force you to suffer more than you deserve.
Schedule a consultation with our DUI lawyers in Atlanta and protect your rights and driving privileges
from the consequences of a DUI conviction!