Georgia Increased Blood Alcohol Level
Several defenses may be used to challenge the results of your Georgia breathalyzer test. The increased blood alcohol level defense is one of the most common. While Georgia law states that driving with a blood alcohol content (BAC) of .08% or higher is illegal, possessing a BAC over the legal limit while taking the breathalyzer test is not against the law. What does this mean? When you finally get to the police station to take the breath test, your BAC may be well above what it was when you were behind the wheel of your car.
When you drink, alcohol is not immediately absorbed into the bloodstream. This gradual process can take between 15 minutes and 2 hours, depending on the person. After you have a drink and get behind the wheel of a car, alcohol is still being absorbed. If an hour elapses between the time you are pulled over and when the breathalyzer test is administered, more alcohol may have been absorbed, producing a higher BAC level than when you were driving.
Here is an example—Dan is at a party and decides to have one more glass of wine before leaving for the night. He is soon stopped by a law enforcement agent and asked to perform a series of field sobriety tests after the officer smells alcohol on his breath. Although his performance is satisfactory, the officer brings Dan in for a breathalyzer test, a full hour after Dan consumed his last drink. The test result shows that his BAC is .09%. His license is then taken away and he is charged with drunk driving. However, had Dan been given a roadside test, his results may have been well below .08%.
Determining your BAC when you were operating a vehicle is very complex and uses a process called retrograde extrapolation. If you were arrested for DUI after failing a Georgia breath test, you should immediately speak with a skilled DUI defense lawyer. Your lawyer may call on a breathalyzer expert to analyze your results in order to prove that your alcohol was still rising at the time of the test.
For more information on how to challenge the results of your breathalyzer test and the increased blood alcohol level defense, and for a free initial consultation, please fill out our online contact form today.
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