If you obtain a driver’s license for the state of Georgia, lawmakers have automatically determined that you have given “implied consent” for police officers to check and make sure you are not driving under the influence whenever you are operating a motor vehicle. This includes having your blood alcohol concentration (BAC) tested, as well as being tested for being under the influence of drugs. Police can pull you over for suspecting that you are under the influence. They form these assumptions by looking for signs of intoxication, which includes swerving, failure to maintain lane, reckless driving, speeding, turning wide, driving at inconstant speeds, and other indications of impaired driving.
Officers will ask you to perform a series of field sobriety tests. Refuse to submit to these tests! Field sobriety tests are designed for individuals to fail and it be video recorded so the officer can build a DUI case against you. Supposedly they are to help determine if you are impaired due to alcohol or drugs, but refuse to perform the tasks. If you do submit to the field sobriety tests, and an officer does find you to be impaired due to alcohol or drugs, then you will be arrested and taken to jail. When you are taken to jail, you will have one of the state-mandated tests administered to you. There are three (3) chemical tests (the state-mandated tests) to choose from and the arresting officer will choose which test to administer. You are required by law to submit one of the state-mandated tests. If you do not, your license will be suspended for a year, no questions asked.
THE INCONSISTENCIES AND ERRORS WITH THE BREATH TEST
The BAC test most often used to determine whether someone is under the influence of alcohol or not is the breath test. The most common test used to determine if someone is under the influence of drugs is a urine test, if not a urine test, than a blood test. Georgia uses the Intoxilyzer 5000, which is not the most accurate, most advanced, or most recent machine used for breathalyzer tests on the market. The Intoxilyzer 5000 was created in the 1970’s and is very out dated. Most states are using the Intoxilyzer 8000, which was created in 2006, but is still not the most recent or up to date machine used for breathalyzers. Going back to the fact that the Intoxilyzer 5000 is the machine that is used in Georgia and the fact that it was created in the 1970’s leaves a huge margin for errors to be made.
There are many factors that can affect the indication of the BAC level for the Intoxilyzer 5000. These factors include:
- The time period between when the alcohol was consumed and when the breathalyzer test is administered.
- If prior to the test the individual hyperventilated.
- The individual’s core body temperature (if the individual is running a fever, the BAC level will read higher than what it would if the individual did not have a fever).
- The diet of the individual (high protein diet).
- Whether or not there is any radio frequency (radios, cell phones, etc.) to interfere with the test.
- Whether the individual has used mouth alcohol (mouth wash, cough syrup, etc.) recently.
- Whether or not the individual has been exposed to things that can simulate a false reading such as paint thinners and other substances of that nature.
If you are arrested in the state of Georgia for DUI, you need an attorney who will fight hard for your rights. Sam Sliger, the criminal defense attorney at McDonald & Cody, LLC will handle your case professionally, properly, and will satisfy all your legal needs. Sam handles strictly DUI and traffic violation cases and with your case in his hands, you can rest assured that your case is in the best hands possible. Contact Sam Sliger with McDonald & Cody today and let him get you the justice that you deserve.