If you’ve been arrested for DUI after failing a chemical test, it’s crucial to get an experienced lawyer right away. Doing so gives you a chance to question the validity of the evidence against you.
You can argue that Breathalyzer results may be wrong if:
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- The officer was not qualified to give the test
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- The machine malfunctioned
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- The machine was not properly calibrated
The same arguments apply to blood tests. Your attorney can even seek to dismiss the evidence if the “chain of custody” wasn’t properly documented. This means tracking who had the blood sample and for how long. Each of these factors is key to the prosecution’s case, so you should scrutinize the evidence closely.
Accuracy of the Intoxilyzer 5000
Since 1995, the only approved breath testing device in Georgia was the Intoxilyzer 5000, made by CMI, Inc. The technology of the Intoxilyzer 5000 couldn’t meet future requirements, leading to a transition to the Intoxilyzer 9000 in 2015. According to the GBI Crime Laboratory, the Intoxilyzer 5000 needed to be replaced because some of its parts are no longer made.
Additionally, the Intoxilyzer 5000’s design no longer meets the legal community’s evolving need for digital information, limiting the device’s capabilities. Breathalyzers don’t directly measure BAC (which requires blood analysis) but estimate it by measuring alcohol in breath. While useful to law enforcement, they can be prone to errors and false readings, especially if not adjusted or recalibrated regularly.
Another major problem is non-specificity. This means the machine can’t distinguish between ethyl alcohol and other substances with similar molecular structures, like cough syrup or mouthwash. The National Highway Traffic Safety Administration (NHTSA) found that some natural volatile compounds can cause false readings. For example, dieters and diabetics produce high levels of acetone, which can be mistaken for ethyl alcohol by some breath testing devices.
Probable Cause in Traffic Stops
Another way to challenge BAC test results is to prove the test should not have been given in the first place. The Fourth Amendment protects you from unreasonable searches and seizures, so law enforcement must have a legitimate reason to stop you.
While they can conduct a DUI investigation if they stop you for legitimate, legal reason, an officer can’t pull drivers over randomly hoping they’re intoxicated.
An officer can, however, pull you over if:
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- You ran a red light
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- Your registration was not current
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- Your taillight was not working
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR CASE
If you, a family member, or a close friend faces criminal charges, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your particular case and our creative defense strategies with one of our experienced criminal defense attorneys. Nearly all the attorneys at The Blitch Law Firm are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available.
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