Breath testing is the most popular form of BAC testing in Georgia, and across the nation. If you are arrested for a DUI in Georgia you will likely be asked to submit to a Georgia BAC breath test. BAC stands for Blood Alcohol Concentration. BAC testing in Georgia is not as reliable as you may think, as there are numerous ways the machine can produce incorrectly high BAC results. The information on this page is provided by Statesboro GA DUI attorney Matt Hube, and will teach you how BAC testing works and what you can do to protect yourself if you are being investigated for a DUI in Georgia.
There are two types of breath testing machines in Georgia; the Portable Breath Test, (PBT) and the Evidentiary Breath Test. The PBT is a handheld device that is often used on the side of the road as part of the field sobriety testing procedure. PBT’s are known to be unreliable, and the results are only admitted for limited purposes in Georgia courts. The PBT’s are highly susceptible to errors, and may even store data from previous tests conducted on the machine and provide false readings. The Evidentiary Breath Test in Georgia is the Intoxilyzer 5000. This machine is known by DUI attorneys nationwide to produce false readings.
You are not required by Georgia law to submit to a preliminary breath test. Statesboro GA DUI attorney Matt Hube does not generally recommend you submit to this test before calling him and getting his advice on whether to take the test. Georgia’s Implied Consent law applies to the evidentiary test, and you will face harsher consequences if you refuse that test. This test is conducted on a table top breath machine, and is usually conducted at the police station. You are not guaranteed the right to consult with a Georgia DUI attorney before deciding whether to take this test.
Just because you refuse the evidentiary test does not mean the police cannot get a sample of your blood. Police are allowed to apply for a warrant to draw your blood. The warrant requires the officer show the judge that probable cause exists that you are guilty of a DUI in Georgia. If the officer gets a warrant you cannot refuse to submit to the Georgia DUI blood draw. It is best that you voluntarily submit to the blood draw if the officer informs you that he has a warrant to draw your blood.
If you have been arrested for a DUI in Georgia, and you have taken a blood, breath, or urine test, a large part of the state’s case against you will rely on the BAC testing results. BAC testing in Georgia is based on scientific principles, but is not infallible. Statesboro GA DUI attorney Matthew Hube understands the scientific principles behind these tests, and knows how to challenge their validity in court. If you have been arrested for a DUI in Georgia, contact him right now for a free and confidential case evaluation.