Can I Refuse a Breath Test in Georgia
If you were arrested for DUI, you were likely asked to take a breath alcohol test. In Georgia, the breathalyzer test is now performed exclusively on the Intoxilyzer 9000 machine. A common question asked, by clients and attorneys alike, is how to beat a breathalyzer when it is over the legal limit. The answer is fairly simple–you need to hire a law firm that has special expertise in DUIs and knows what they are doing. There are hundreds of ways to attack a breath test. Below are just a few of them.
Ways to beat a breath test:
- Were you over the legal limit (0.08 g/210L) (also called “alcohol legal limit” or “breathalyzer legal limit” by some callers)
- Had the breathalyzer accuracy been tested?
- Was there a reasonable articulable suspicion that you were engaged in criminal activity prior to being pulled over?
- Was there probable cause for your arrest?
- Was there an implied consent violation?
- Was it read before arrest?
- Was it read after arrest?
- Was it read immediately after arrest?
- Was it read in a substantially accurate manner?
- Was any information given to you that may have affected your decision to either submit to the test, or request an independent test?
- Was the correct Implied Consent Notice read? There are three types of ICN notices, and there was a 2019 change in the law that may have confused the officer even more.
- Were the two results within .02 g/210L of each other?
- Were you monitored for 20 minutes prior to your test?
- Was the machine properly calibrated?
- Was the machine properly maintained?
- Was the area surrounding the machine properly maintained?
- Was there a hand-sanitizer station near the machine (I kid you not, this has happened)
- Had the Georgia State Patrol Area Supervisor performed a satisfactory quarterly check both before and after your test?
- Do you have a history of gastroesophageal reflux disease (“GERD”)?
- Had you vomited that night?
- Were you sick that night, with thick mucous secretions?
- What kind of results did the machine spit out on the test-takers both before and after your test? Any discrepancies in machine function?
These are just a few ways to attack a breath test. If you took a blood test, or some other type of test, there is an entirely different set of issues to explore, including the potential for very powerful constitutional challenges to the results under the Georgia Constitution if it was a warrantless search.
Contact the Law Office of Adam D. Brown, LLC Today
Being charged with a crime doesn’t mean your rights go out the window. At the Law Office of Adam D. Brown, LLC, we will work diligently to protect your rights, reputation, and freedom. Our compassionate lawyer will analyze the details of your case and determine the best legal strategy for moving forward. We will be by your side throughout the entire process. It is our goal to get your charges reduced or dropped so that you can get on with your life. Don’t go through this stressful time alone—we are here to help. Contact the Law Office of Adam D. Brown, LLC today at (404) 883-8893 for a free and confidential consultation about your case.