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 Weintraub & Alper Legal!
What Can Affect a Breathalyzer Test?
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.
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 Weintraub & Alper Legal, 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 against them.
As 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!
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