DUI Results in Crash on Lawn
A University of Georgia student was arrested for driving under the influence after the student crashed a vehicle in Athens-Clarke County. Responding to a report of an unresponsive motorist at the location, law enforcement found the driver’s vehicle over a curb and resting partially on someone’s lawn. The motorist reported going to a friend’s party and being confused about why the motorist was not at the crash scene. The driver also first reported waiting to sober up before driving home, while then explaining that the driver’s girlfriend was enroute to pick up the driver. The driver submitted to a breath test that indicated the blood-alcohol level was .125%, which resulted in the driver being charged with driving under the influence.
In DUI cases, the prosecution will frequently attempt to demonstrate that an individual’s blood alcohol content was above .08%. A Breathalyzer or breath test is the most common method use by law enforcement to establish an individual’s blood alcohol content level. In order to successfully defend against a DUI charge, an attorney must be well acquainted with the process used by law enforcement to determine a motor vehicle driver’s blood alcohol content. The legal team at Yeargan, Barber & Kert has extensive experience challenging the results of a Breathalyzer.
Available Choices for Individuals Asked to Take a Breathalyzer Test
Some of the most common defenses that individuals have found successful in defending against Breathalyzer results, include the following:
- Do Not Drink and Drive: This might sound self explanatory but the best way to respond to a DUI case is to simply not combine alcohol use and the operation of a motor vehicle.
- Refuse to Take the Breathalyzer Test: By refusing to comply with implied consent laws in the state of Georgia, a motor vehicle driver will temporarily lose the right to operate a motor vehicle and face a license suspension.
- Blow Just Enough into the Breathalyzer: Individuals who did not have that much to drink, are afraid of losing their driver’s license, and believe that enough time has elapsed might consider blowing just enough into a Breathalyzer so the machine registers the fact that the individual has blown, but not any additional information. Law enforcement will want an individual to blow into the device as long as possible to ensure that the test results are artificially elevated. This method is particularly difficult and requires an individual to successfully pass several significant obstacles.
- Take the Test and Challenge the Results: A motor vehicle driver can take a Breathalyzer test and later challenge the results of the test. There are several ways that motor vehicle drivers can challenge these results. Unless there is documentary evidence that the Breathalyzer was working properly, drivers can argue that the device was not working properly and that the test results should not be admissible in a court of law. If records reveal that a device was not functioning properly, individuals can argue that the Breathalyzer was not working properly which is often an extremely effective defense for arguing against these types of DUI charges. The accuracy of the machine is just one way of several that motor vehicle drivers can challenge test results. This group is simply the best category with the best options available for challenging DUIs.
The Assistance of an Experienced Atlanta DUI Attorney
If you or a loved one faces results from a breath test that was initiated in response to a driver who was operating a motor vehicle while under the influence of drugs or alcohol, you need the assistance of a skilled DUI attorney immediately. Do not hesitate to retain the services of the legal team at Yeargan, Barber & Kert.