In Georgia, the “implied consent” law means that any driver
who is pulled over under reasonable suspicion for driving drunk must submit
to a test to determine his or her level of intoxication. Officers typically
ask the driver to submit to either a
blood or breath test.
Sometimes, though, these tests do not provide accurate results. This is
a fact that is widely known but not often acknowledged, and can be used
as a point of contention for fighting DUI charges.
How BAC Is Determined
These are many defenses to argue against using blood or breath tests to
determine a person’s
blood-alcohol concentration (BAC). Anyone who tests equal to or above the legal limit, which is 0.08% BAC
for anyone over the age of 21 (0.02% for
those under 21), can be arrested for
driving under the influence (DUI).
What citizens of Marietta and others throughout Georgia may not realize
is that some officers continue to use outdated, defective equipment. Whether
it is due to the use of a faulty breathalyzer, or the officer makes an
error, or the officer fails to follow protocol for stops and roadside
arrests, there may be a number of possible defenses available. Furthermore,
many BAC tests can skew the results, and environmental actors can further
leave room for error.
BAC may be affected by any number of reasons, such as:
- Height and weight
Your metabolism and
how you absorb alcohol
- How many drinks you consumed and the size
- When you drank the alcohol
- How quickly you drank the alcohol
- Whether or not you ate food
Our Marietta DUI lawyers have even seen some cases where individuals are
arrested for DUI because they have taken medication that affects them
in a similar way to alcohol. In fact, some medications even contain some
traces of alcohol, which can also give an imprecise reading. Law enforcement
officials will only look at the evidence that they uncover from the case,
and will not look into details such as these. Because of this, we at Henrickson
& Sereebutra, LLC can delve further into the matter to create a defense
that is tough and impenetrable.
In-depth Investigators. Exceptional Counsel.
We are known for a history of winning cases for our clients, getting charges
against them either reduced or the acquitted.
We understand Georgia’s DUI laws thoroughly, on both sides of the court, because we have
formerly worked as prosecutors. We can anticipate the arguments that prosecutors may use to undermine
your defense efforts. You need an aggressive legal team to fight—and
that should be us.
For more answers about DUI,
request a free appointment with Henrickson & Sereebutra!