Right to Independent Testing After DUI Arrest

If you’ve been arrested for DUI in Georgia, it’s crucial to understand your rights, including the right to independent testing of your blood alcohol content (BAC). Exercising this right could be vital to your defense and can provide evidence that may challenge the accuracy of the officer’s tests. The right to independent testing is guaranteed by law, and choosing to use this option may make a significant difference in your case.

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What Does Independent Testing Mean After a DUI Arrest in Georgia?

When you’re arrested for driving under the influence (DUI) in Georgia, the officer will typically ask you to take a breath, blood, or urine test. These tests measure your blood alcohol content (BAC), which is central to the case against you. However, the law provides you with a vital right: the right to independent testing. This means you can request that a qualified medical professional conduct a separate test, independent of the law enforcement’s test, to verify or challenge the BAC results.

At Willis Law Firm, we emphasize the importance of fully understanding the consequences and potential benefits of exercising this right. If the BAC results from the police test are in dispute, independent testing could serve as crucial evidence in your defense. The results of your independent test could show a lower BAC, suggesting that the initial test was inaccurate or improperly administered. Without this second test, challenging the police results becomes more difficult.

How Does Independent Testing Work?

Once you are arrested for DUI in Georgia, the officer will typically offer you a breathalyzer test, blood test, or urine test. If you agree to one of these tests, and it shows that your BAC is above the legal limit (0.08% for most drivers), you might assume that there’s nothing you can do to challenge those results. However, you do not have to simply accept the test results. You have the right to ask for an independent test.

The process for independent testing is as follows:

• Request the Test: You must specifically ask for the independent test. The law does not require the officer to inform you of this right; you must be proactive in requesting it.
• You Are Responsible for the Cost: Unlike the police-administered test, you must pay for the independent test. You may choose the facility or lab where the test is conducted, provided it is an approved location.
• Police Cooperation: The officer must assist you in facilitating this request. This means they should allow you to contact a medical facility or testing center of your choice, though they are not required to transport you to that facility.

Once you have requested the independent test, the police must allow reasonable time and assistance for you to have the test administered. However, the law enforcement officers are not obligated to provide transportation to the facility where the independent test will be conducted. In some cases, if you cannot reach the testing facility in time, this can hinder your ability to collect evidence. Therefore, it’s crucial to act quickly and ensure you are given adequate time to obtain the test.

Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)

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 years

Why Is Independent Testing Important for Your Defense?

Independent testing serves as a safeguard to ensure that the results of the officer’s test are accurate. The results of your BAC test can play a significant role in determining whether or not you are convicted of DUI, which is why it is so important to have an accurate measurement of your BAC. However, police tests are not infallible, and errors can occur.

Some potential reasons why independent testing is so critical include:

• Faulty Equipment: The machines used by law enforcement to measure BAC, such as the breathalyzer, can malfunction or provide inaccurate readings if not properly calibrated.
• Test Administration Errors: The police officers conducting the test may not follow the correct procedures. For example, they may not observe the necessary 15-minute waiting period before performing a breath test.
• Rising BAC: In some cases, your BAC could be higher than when you were pulled over due to the absorption of alcohol into your bloodstream. If a delay occurs between the time of your arrest and the time the test is performed, your BAC could continue to rise, leading to inaccurate results.

In all these instances, an independent test may yield a different result and serve as key evidence to challenge the DUI charges against you. If your independent test shows a BAC lower than the law enforcement test, this could cast doubt on the accuracy of the police-administered test and benefit your defense.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

What Happens if You Don’t Request Independent Testing?

If you do not request independent testing after being arrested for DUI, your chances of successfully challenging the BAC results can be reduced. The law does not require the police to automatically offer you a second test. If you do not make the request, you may appear to have accepted the law enforcement’s results without question, which could be damaging to your case.

Without the independent test, the prosecution will rely solely on the BAC result from the police test. While this does not mean you will automatically be convicted, it makes it more difficult for your defense attorney to argue that the test results are unreliable. Simply put, it’s easier to cast doubt on the accuracy of the BAC results if you have independent testing to back up your claims.

Therefore, it’s critical to exercise your right to request independent testing as soon as you are arrested for DUI. By doing so, you give yourself the best chance to challenge the test results and build a strong defense.

The Role of Your DUI Defense Lawyer in Independent Testing

If you are facing DUI charges, it is essential to consult with a skilled DUI defense attorney. A lawyer can advise you on the best course of action after your arrest, including ensuring that you exercise your right to independent testing.

At Willis Law Firm, we specialize in defending clients who have been arrested for DUI. Our team understands the complex legal nuances surrounding DUI charges and can help you navigate the process, including:

• Ensuring your right to independent testing is upheld.
• Analyzing the accuracy of the police-administered test and any potential errors.
• Building a defense strategy based on the results of the independent test (if applicable).

A skilled DUI defense attorney will work tirelessly to challenge the evidence against you and fight for the best possible outcome in your case.

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Protect Your Rights and Build a Strong Defense

Facing a DUI charge in Georgia is serious, but understanding and exercising your rights can make a difference. One of the most important rights you have is the right to independent testing. If you request an independent test, you have the opportunity to challenge the results of the police-administered test, which could significantly impact the outcome of your case.

If you have been arrested for DUI in Georgia, don’t hesitate to contact Willis Law Firm. Our experienced team is ready to help you understand your rights, including the right to independent testing, and to build a strong defense against the charges you are facing.