Challenging the results of a DUI test in Georgia

On Behalf of | Jun 8, 2022 | Criminal Defense

Getting arrested for drunk driving is a serious offense with significant consequences. If you have been arrested for drunk driving, you may be wondering if there is any way to challenge the breath test that was used to determine your blood alcohol content (BAC). If that’s the case, you can use the following defenses.

The machine was not properly calibrated

Usually, the machine that’s used to test your breath will need to be calibrated on a regular basis to ensure that it is providing accurate results. If the machine was not properly calibrated, the courts may not be able to rely on the results of the test.

If you think that the machine was not properly calibrated, you should ask for a copy of the calibration records. If there are no records or if the records show that the machine was not properly calibrated, you may be able to challenge the results of the breath test.

You have a medical condition

There are some medical conditions that can cause your BAC to be falsely high, such as acid reflux. If you have a medical condition that could have affected the results of the breath test, you should bring this to the attention of the court. Just remember that a medical expert may need to testify about your condition and how it could have affected the results of the breath test.

The officer did not follow proper procedure

In order for the results of the drunk driving test to be admissible in court, the officer who administered the test must have followed certain procedures, including waiting a certain amount of time after you got arrested before administering the test. If the officer did not follow proper procedure, you may be able to get the results of the test thrown out.

If you get charged with drunk driving, it is important to understand that it’s not the end of the world. By understanding the specifics of your case and the defenses that are available to you, you can give yourself the best chance of success in court.