Facing a DUI charge in Georgia can leave you feeling overwhelmed and confused, especially when chemical testing results come into play. If you’ve been arrested for a DUI and chemical testing was part of the process, you may have many questions. You may wonder what these tests mean, how they are used in court, and whether the results can be challenged. Rest assured that you are not alone. We understand the stress and uncertainty you’re experiencing, and we are here to help guide you through the legal process. With the right legal representation, you can work towards a successful resolution for your case.
What Is Chemical Testing in a DUI Case?
Chemical testing is a key component in DUI cases in Georgia. When a driver is suspected of driving under the influence of alcohol or drugs, law enforcement officers may request chemical tests to measure the level of impairment. There are three primary types of chemical tests used in Georgia DUI cases: breath, blood, and urine tests. These tests are conducted to determine the presence and concentration of alcohol or drugs in the person’s system. The results of these tests are often crucial in determining whether a driver is charged with DUI.
In Georgia, the legal limit for blood alcohol concentration (BAC) is 0.08 percent for most drivers. If a person’s BAC exceeds this limit, they can be arrested for DUI. However, it’s important to note that even if your BAC is below this threshold, you could still face DUI charges if other factors, such as impairment from drugs, are present. The state also considers the use of drugs, including prescription medications and illegal substances, as a factor in DUI cases.
How Are Chemical Tests Conducted?
Breath testing is perhaps the most commonly known form of chemical testing in DUI cases. This test involves using a handheld device, often referred to as a breathalyzer, to measure the amount of alcohol in a person’s breath. Breath tests are typically performed at the scene of the traffic stop, and the results are provided almost immediately.
If a breath test is not available or if the officer has reason to believe that alcohol is not the primary substance affecting the driver’s abilities, blood or urine tests may be ordered. Blood tests are typically done at a medical facility, and they involve taking a sample of the person’s blood to test for alcohol or drugs. Urine tests, while less common, are sometimes used to test for drugs that may not show up in a blood test. These tests are usually conducted at the police station or another designated facility.
While these tests are meant to provide accurate readings, there are many factors that can impact the results. For example, breathalyzer devices need to be calibrated regularly to ensure accuracy. Blood tests can be affected by how the sample is handled, stored, and transported. Urine tests may not accurately reflect the current impairment levels of a person, as they measure substances that could have been in the person’s system for hours or even days before the test.
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments. Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive yearsGreg Willis has been successful at defending DUI cases (over 93% without a conviction)
The Consequences of Chemical Test Results in DUI Cases
Chemical test results can have a significant impact on the outcome of your DUI case. If you refuse to take a chemical test when requested by a police officer, you may face additional penalties. In Georgia, refusing a chemical test can result in an automatic driver’s license suspension for one year, even if you are not convicted of DUI. This is often referred to as Georgia’s implied consent law, which states that by operating a vehicle on Georgia’s roads, you are consenting to chemical testing if requested by an officer.
On the other hand, if you take a chemical test and the results show that your BAC is over the legal limit, or if drugs are detected in your system, it can lead to a DUI conviction. However, just because the test results show impairment does not automatically mean you will be convicted of DUI. There are several ways in which the results of a chemical test can be challenged, and it is crucial to have an experienced attorney by your side to evaluate the specifics of your case.
Can You Challenge Chemical Test Results?
It’s important to understand that chemical test results are not always as straightforward as they may seem. There are several factors that could lead to inaccuracies in the results. If you believe that the results of your chemical test were incorrect, it’s possible to challenge the findings in court. Some of the most common ways to challenge chemical test results include questioning the accuracy of the equipment used, the procedures followed during the test, or the way the sample was handled.
For example, breathalyzer devices must be properly calibrated and maintained to ensure their accuracy. If the device was not functioning correctly or was not calibrated properly, the results may not be reliable. Similarly, blood samples must be handled in a specific way to prevent contamination or degradation. If there were any errors in the way your sample was collected or stored, it could lead to a challenge to the test results.
In addition, even if the test results show that your BAC was over the legal limit or that drugs were present in your system, your attorney can investigate whether there are any other factors that may have contributed to your impairment. For example, prescription medications or medical conditions may affect how alcohol or drugs are processed in your body, and this can be used as a defense in your case.
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When facing a DUI charge based on chemical testing, it is essential to have a skilled attorney to navigate the complexities of the case. A knowledgeable attorney can review the details of your case, investigate the circumstances surrounding your chemical test, and identify potential flaws or issues that could affect the results. They can also help you understand your legal rights and explain your options moving forward.
At Willis Law Firm, we are committed to helping individuals who have been arrested for DUI in Georgia. We understand that a DUI charge can have serious consequences for your life, and we are here to provide the support and guidance you need. Our team will thoroughly examine your case, challenge any inconsistencies, and work towards the best possible outcome.
Protecting a Professional License After a DUI and Refusal of a Blood Test Result: DUI Dismissed with No Jail Time and No Loss of License Challenging Admissibility of a .19 BAC Blood Test and Field Sobriety Evaluation Result: No Jail Time, No DUI on Record, No License SuspensionFeatured Case Results
If you are facing DUI charges in Georgia involving chemical testing, it is crucial to take swift action. The consequences of a DUI conviction can be severe, including the loss of your driver’s license, fines, and even jail time. With the right legal representation, however, you can work towards a favorable outcome.
At Willis Law Firm, we have a dedicated team ready to assist you in defending your case. We understand that dealing with a DUI charge can be overwhelming, and we are here to help you through each step of the legal process. We will fight for your rights and work to achieve the best possible result for your case. If you’ve been arrested for DUI in Georgia, don’t wait—contact us today for a consultation and let us help you protect your future.