Skip to Content
Call Us Today! 888-816-4396

Above the Limit: BAC Tests and Their Use in DUI Arrests


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.

Gasses of alcohol

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What citizens of Marietta and others throughout Georgia may not realize is that some officers continue to use outdated, defective equipment.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:

  • Gender
  • 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!