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Can I fight a DUI with a Breath Test?


A frequent question in new client interviews is whether or not they should even fight their case, since they blew over the legal limit. Many people have heard, even from other lawyers, that a breath test over the legal limit is a slam dunk case for the prosecution. For this reason, most people wanting to fight their DUI charge have a hard time finding a law firm that will actually challenge the breath test.

Breath testing in Georgia for DUI cases has been around decades. The machine that is still in use in most police departments, the Intoxilyzer 5000, has been around since the early 90s and remains in its original form. We are just now starting to see Georgia's new breath test machine, the Intoxilyzer 9000, come into play in new DUI cases. Forsyth County now has an Intoxilyzer 9000 and we have some of the first DUI cases where this machine has been put to use.

While the new machine will be touted as the latest, unbeatable technology, its based on the same basic principles as the old 5000. Georgia has finally tightened up some of their testing protocols- debatably- but the machine operates largely the same and will therefore have many of the same basic limitations the old machine had.

If you were arrested under suspicion of DUI and then took a breath test, either on the old machine or the new machine, call us today to further discuss your case. Our lawyers stay up on all of the latest challenges and potential issues that plague breath testing and will review your breath test and DUI case with you. We can be reached directly at (770) 676-1340.

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