In any Georgia DUI investigation, there are two types of breath test machines that may be used. The more commonly known is the hand-held preliminary breath tester, or PBT. The officer will likely ask that you provide a breath sample by blowing into this portable machine, but under Georgia law, you are not required to do so and may refuse if you wish. The BAC (blood alcohol content) results of the PBT test will not be admissible in court, but the results of the evidential breath test machine will.
After an officer arrests you with a DUI in Georgia, you will be read the Implied Consent Warning, and taken to the local police station. Then, you will be asked to exhale into a long tube that connects to a large box. This device is the Evidential Breath Testing Machine. It is important to remember that any results calculated by this device can and will be used against you during your Georgia DUI hearing.
This does not mean that the Evidential Breath Testing machine is foolproof, however. There are still a number of defenses that your Georgia DUI attorney Matt Hube can use to defend you. Your unique defense will depend on the various facts surrounding your arrest and breath test, but one of the primary things to consider is whether the arresting officer had probable cause. If careful evaluation of the arrest reveals that the officer did not have probable cause to arrest you, all evidence gathered after the arrest must be thrown out of court.
There are a number of scientific and legal defenses that may be used to protect you, and selecting the most successful one requires thorough knowledge of Georgia law as well as the facts of your case. As a specially trained Georgia DUI expert, Matt Hube will review the circumstances surrounding your traffic stop, arrest, and breath test and develop the best case for you.
Just because you tested above the legal limit on the Evidential Breath Testing machine does not mean you will be convicted of a Georgia DUI. Each case involves careful evaluation of the facts. Let Georgia DUI attorney Matt Hube review your case and advise you of your best defense. Call today!