According to Georgia law, when you are behind the wheel you give "implied consent" to be tested for blood alcohol concentration (BAC). If a law enforcement officer observes signs that may indicate intoxication, such as swerving, speeding, reckless driving, and wide turns he or she can pull you over. Often the officer will then request that you perform several field sobriety tests to investigate whether you are under the influence. (You do not have to submit to any field sobriety tests, however, you are required to submit to a urine, breath or blood test once you are arrested and taken to the station or hospital).

Once you have been pulled over, if the officer decides that you appear intoxicated, you will be arrested and taken to the police station. At the station, you will be required to submit to a breath and/or blood test.  If you refuse this test at the station, you will lose your license for at least a year. If you have been arrested for DUI, you should act quickly and contact an experienced DUI defense attorney to help you protect your rights.

DUI Attorney Serving Roswell and Alpharetta Residents

The most commonly used BAC test is the breath test. If an officer suspects that you are intoxicated, he or she may ask you to provide a breath sample. Currently, the state of Georgia uses the outdated Intoxilyzer 5000, first developed in the 1970s. The Intoxilyzer 5000 will be used to measure your blood alcohol concentration. Many other states have updated to the Intoxilyzer 8000, which measures BAC much more accurately. Currently, the Intoxilyzer 5000 can lead to inaccurate readings depending on several factors, such as:

• How long ago alcohol was consumed
• If you hyperventilated recently
• Core body temperature
• High protein diets
• Radio frequencies
• Cough syrup and mouthwash use
• Paint thinners

The legal team at the Law Offices of Richard S. Lawson only work with DUI cases and are very knowledgeable about the way BAC testing works. This knowledge can make or break your defense; it is therefore extremely important that you have an experienced DUI lawyer properly review the information involving your BAC immediately following your arrest.

If we find that procedure was not followed or there were factors that were not considered during your breath test our lawyers may be able to challenge the evidence that the prosecution is presenting. If your defense is strong enough we may be able to develop a plea bargain or have your charges dismissed completely.

Contact a Roswell DUI Attorney from our firm today by calling either 404-816-4440 or 770-641-0100.