Breath & Blood Tests
Arrested for DUI in Forsyth County?
Under our state's Implied Consent Law, when you received your driver's license you agreed to undergo chemical testing (breath and blood tests) if stopped by a police officer for drinking and driving. When you refuse to take a test or fail it, you will be arrested for DUI. A failed test for a person under 21 years of age is a blood alcohol content (BAC) of .02% or more. For a commercial driver, it is .04% or higher and for those over 21 it is .08% or more.
In many states you can be forced to take a blood or urine test but this is not the case in Georgia. Your refusal can result, however, in a suspended license for a one year period and you will not be able to get a temporary license of any sort. Additionally, a prosecutor can utilize your refusal to be tested in the court case against you.
At Zeliff | Watson, our experience has shown that both breath and blood tests can be flawed and the results can, in many cases, be aggressively and successfully defended against. A knowledgeable DUI lawyer from our firm should be consulted with quickly if you or a loved one has been arrested for a DUI charge based on breath or blood tests. We offer a no-cost consultation to review your case and the best defense options available to you.
Challenging Blood & Breath Tests
If you have recently been arrested in Cumming or Forsyth County for DUI, you were likely tested on the new Intoxilyzer 9000 machine. This machine is the first update since the early 90s for Georgia's breath testing machines. The new 9000, like the older Intoxilyzer 5000 can be improperly maintained or calibrated which can lead to test result errors. In some cases, it may not properly identify other chemical compounds which can skew the results. Various physical conditions or illnesses can bring about a situation where the Intoxilyzer is reading on something other than ethyl alcohol in a person's system.
Blood samples can, as well, prove to be improperly handled by law enforcement and the results may be inadmissible at your DUI trial. When a blood sample is not taken by a qualified person or incorrectly stored, it can make the sample unusable. Even failure to properly sterilize the area where the sample was drawn from can make the test invalid.
If you are arrested on DUI charges based on blood or breath tests, quickly
contact a DUI attorney
to learn your legal options. To read more about why our firm is your best choice to defend a DUI in Forsyth, see our page on fighting DUI blood and breath tests.