When you get pulled over for a DUI, you may have no idea if you have any legal rights. You may have to take a breath analyzer test and feel like you are at the mercy of your DUI arrest charges. There is hope. While a DUI lawyer in Athens, GA, can help fight your case, they can also argue against the validity of your breath test results.
First, it is important to understand exactly what a breathalyzer test is and what it means to your DUI arrest. A breathalyzer is a device that measures your blood alcohol concentration (BAC). Your BAC determines if you are over the legal limit in Athens and whether or not an arrest for a DUI will happen.
In Georgia, the legal BAC limit is 0.08. If you have a breath test that registers higher than this legal BAC, you will be arrested and charged with a DUI. While a police officer will rely on a breathalyzer to determine your BAC at the time of arrest, these devices don’t always hold up in court. Your DUI lawyer in Georgia can fight your breath test results and here is how they will do it.
How Can a DUI lawyer in Athens, GA, Fight Your Breath Test Results?
Breathalyzers are notoriously unreliable devices. They need calibration on a regular basis, and if proper maintenance does not occur, they can register the wrong results. Your DUI lawyer in Athens, GA, will request to see the maintenance records of a breathalyzer to determine when the last time it was calibrated. This will determine if the device was operating effectively or not.
Another way that your DUI lawyer in Georgia will challenge a breath test is to find out the training of the arresting officer. Many times, police officers do not receive proper trained on using a breathalyzer which can also result in inaccurate breath test results. A DUI lawyer in Athens, GA, will request to see the training records of the police officer that performed your breath test. This will determine if they have had the proper training on the device and can help to fight your breath test results.
An Athens DUI Lawyer Will Be By Your Side
Your DUI lawyer in Georgia may also challenge your breath test if you have burped, vomited or regurgitated. These bodily functions can throw off the results of a breath test and prevent an accurate reading. Your DUI lawyer in Athens, GA, will walk you through the events that led up to your DUI arrest. They will determine if your body functions came into play during your breathalyzer test and provided inaccurate results.
During your arrest, your Miranda Rights need to be understood. These rights are a requirement with a breath test. If you were given a breathalyzer test without having your rights read, you can fight your breath test results. Not only was the test given without you understanding what your rights are, but it is illegal. Your DUI lawyer in Georgia will challenge these results and show that your legal rights were not maintained.
Lastly, your DUI lawyer in Athens, GA, can fight your breath test results if it is not a state-approved device. In Georgia, the only approved breathalyzer test is the Intoxilyzer 5000. If a police officer uses another device to administer your breath test, it violates your legal rights in Athens. Not only will the test results be inaccurate but a police officer or department cannot use an unapproved device.
It is possible to challenge your breath test results after a DUI arrest. Your DUI lawyer in Athens, GA, will fight to establish that your breathalyzer results were not accurate. They will show that maintenance, training, body function or a violation of your legal rights played a part in your breath test results. Let your DUI Lawyer in Georgia fight for you and help to reduce the sentencing for your DUI charges.
Contact a DUI Lawyer in Georgia Now
If arrested for a DUI, you need the legal assistance from a DUI lawyer in Athens, GA, that you can trust. The DUI lawyers at Athens DUI Lawyers can help. They will fight for your legal rights and help to reduce your sentencing. There is no reason to fight a DUI on your own when a DUI lawyer in Athens, GA, can help you with your case. You can rely on the DUI lawyers at Athens DUI Lawyers to fight for you. Contact us today to set up a consultation.