Georgia DUI Police Evidence
One of the most important pieces of Georgia DUI police evidence may use to charge you with driving under the influence is the breathalyzer test. To test for your blood alcohol content (BAC), the officer will ask you to give a breath sample that is then analyzed by the breathalyzer machine. However, your breath sample is immediately destroyed after the test is performed, which means that you do not have the opportunity to have it analyzed by an impartial third party.
You may be convicted of a Georgia DUI if your BAC is .08% or higher. Unfortunately, the breathalyzer test is not always accurate. If the machine has not been calibrated or maintained, the officer administers the test incorrectly, or the temperature of the sample is above or below 98.6, the results of your test may be affected. Is it really fair that a person can be convicted without having his or her breath sample evaluated by an expert?
The U.S. Supreme Court has ruled against requiring law enforcement agents to preserve DUI breath evidence. That doesn’t mean all hope is lost—a skilled Georgia DUI lawyer will have the knowledge and training to review the circumstances of your breathalyzer test in order to challenge any inaccurate results. This means that if your breath test was affected by medical conditions, dental work, mouth wash, or other factors, your lawyer may file a motion in order to have the results suppressed during the trial.
The potential penalties for a Georgia drunk-driving conviction—such as jail time, fines, and community service—can seriously affect your life. Failing the breathalyzer test can also lead to a lengthy driver’s license suspension that is imposed by the Department of Driver Services—even before you go to trial in criminal court.
You shouldn’t have to suffer these consequences because of faulty Georgia DUI police evidence. By hiring an experienced lawyer, you have an advocate on your side who can investigate your case in order to prove your innocence. Our law firm can defend you against your pending charges. For a free, no-obligation consultation, please fill out our online form today.
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