Posted by duijim in on February 4, 2021
Driving under Influence (DUI) arrests and charges can ruin your chances of driving. DUI Laws are becoming stricter by the day in response to the increase in careless consumption of intoxicants by drivers. DUI Laws have also continued to evolve alongside modern trends to ensure that they can be effectively administered.
At the very early stage of a DUI charge are breath tests. The Police officers will always want to determine your blood alcohol content, to determine whether you are under influence or not. On some occasions, as we will discuss below, the results of same may be used as evidence against you in a DUI trial.
As a DUI suspect, different types of breath testing may be administered on you. It is important to know these tests, the evidential value attached to them and your legal rights regarding each test type.
Field Sobriety Tests v. State-Administered Tests
Although, we all just say, “I took a breath test” or “I’m taking a P.B.T”, there are different types of breath tests that may be administered or sought to be administered on you.
To start with, Field sobriety tests are immediate tests taken by Police officers once they suspect that you might be driving under influence. This is mostly taken by the roadside and has different layers or forms. The field sobriety test you are most likely to immediately experience is the Alco-Sensor (Breathalyzer) Test. As a DUI suspect, Police Officers may ask you to blow into an Alco-Sensor to obtain a preliminary breath sample to determine whether you are an impaired driver.
Alco-Sensor and other field sobriety tests are VOLUNTARY. You can refuse not to take them. However, your refusal might earn youa trip to the local police station if an officer feels that you are over the legal limit.
If you get to the police station, a State-administered chemical breath test is to be carried out on you. The procedure is that the officer reads the Georgia Implied Consent warning to you and then asks you “will you submit to the State-administered chemical test of your breath under the Georgia Implied Consent Law?”.
This test is MANDATORY, but you may still refuse to take it. You should know that your refusal of the state-administered chemical test will be used in evidence against you at the DUI trial. Also, such refusal amount to a violation of the Implied Consent Law which can land you up to one-year hard license suspension (with no permit to drive).
Can I Challengea Breath Test?
Yes, you can. The fact that you had a positive breathalyzer reading does not establish that you are guilty of DUI. When you consider issues such as your condition when the test was taken, the non-reliability of the breathalyzer readings, the several incidences of police procedural Error etc. you will know that a positive breath test is not the end of the game.
Get a Lawyer
It is important to get an experienced DUI attorney to conduct your defence and represent you or your loved ones if you get arrested for DUI.