Penalties for Breathalyzer Refusal
Do You Need Legal Help?
Penalties for Breathalyzer Refusal
Do You Need Legal Help?
Greg Willis has been successful at defending DUI cases (over 93% 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
"Attorney Greg Willis is someone I am truly thankful to have had in my corner during one of my most stressful times. He goes above and beyond and has your best interest at heart. I couldn’t recommend him more to anyone in need of someone to represent them as they deal with a DUI."
- Juan CastillaRead More Client Reviews
Atlanta Breathalyzer Lawyers
Georgia Implied Consent Law & Your Atlanta DUI Charge
If you are on this page – you may have been arrested for a DUI in Atlanta. You are likely worried about the consequences and your future.
If you are in this situation – it’s vital to hire our experienced Atlanta DUI trial lawyers to represent you immediately.
Willis Law Firm can help you. DUI attorney Greg Willis knows that reusing a DUI test refusal as evidence of guilt is unconstitutional. Attorney Willis won a landmark case when the supreme court of Georgia agreed to prohibit using refusals as evidence in DUI cases across the state.
The Willis Law Firm has a 93% no DUI conviction success rate and we will ensure your rights aren’t being infringed upon. Attorney Willis will fight aggressively to have your case dismissed or your charges reduced.
Please don’t wait to act because you’re worried about the cost. We offer free legal consultations. Our Atlanta breathalyzer lawyers operate on a flat fee basis- so you’re never blindsided with charges.
We urge you to act quickly. DUI cases are extremely time sensitive. Your prosecutor already has the advantage. The longer you wait to get an attorney- the harder it will be to build a strong defense. You only have 30 days to request a hearing to prevent your license suspension.
Call us today to have a DUI attorney evaluate your case – answer your questions- and help you develop a good defense strategy.
Refused to take a breathalyzer test? Understand your rights. Don’t hesitate to contact us today!
Understanding Your Rights
Driving under the influence (DUI) of alcohol or drugs is a serious crime in the state of Georgia, with severe consequences for those convicted. As a result, law enforcement agencies in Atlanta and across the state use breathalyzers to test the blood alcohol content (BAC) of suspected drunk drivers. However, recent reports have raised concerns about the accuracy and reliability of these devices, leading some to question their use in DUI cases.
One of the main issues with breathalyzers is that they rely on several factors to produce an accurate reading. Factors such as the temperature of the breath, the presence of other substances in the mouth, and the type of breathalyzer used can all affect the results. For example, if a breathalyzer is not calibrated correctly, it may produce a false positive or false negative result. Additionally, if the device is not properly maintained, it may produce inaccurate readings.
Another concern is that some people may have medical conditions that can affect the results of a breathalyzer test. For example, people with diabetes or acid reflux may produce higher levels of acetone in their breath, which can result in a higher BAC reading. Similarly, people who have recently consumed mouthwash or other products containing alcohol may also produce a false positive result.
Despite these concerns, breathalyzers are still widely used in Atlanta and across Georgia to test for DUI. The devices are often relied upon by law enforcement as a quick and easy way to determine if someone is under the influence of alcohol. However, this reliance on breathalyzers has led to several high-profile cases in which the results of these tests have been called into question.
In recent years, several studies have been conducted to assess the accuracy of breathalyzers. These studies have found that breathalyzers can produce false positive or false negative results in a significant number of cases. This is particularly concerning for those who have been charged with DUI based solely on the results of a breathalyzer test, as they may face severe penalties, including jail time, fines, and a criminal record.
While breathalyzers are widely used in Atlanta and across Georgia to test for DUI, the possibility of flaws in these devices raises serious concerns about their accuracy and reliability. It is important for law enforcement agencies to ensure that they are using breathalyzers that have been properly calibrated and maintained, and that they are considering other factors that may affect the results of these tests. Additionally, it is crucial for people who have been charged with DUI based on the results of a breathalyzer test to seek the advice of our Atlanta breathalyzer lawyers, who can help them challenge the results of these tests and protect their rights.
There are several mistakes that police officers in Atlanta, GA, can make when using breathalyzers to test for DUI. Some of the biggest mistakes include:
- Not properly calibrating the breathalyzer: Breathalyzers need to be calibrated regularly to ensure that they are producing accurate readings. If a breathalyzer is not calibrated correctly, it can produce false positive or false negative results.
- Not properly maintaining the breathalyzer: In addition to regular calibration, breathalyzers also need to be properly cleaned and maintained to ensure that they are functioning correctly. If a breathalyzer is not properly maintained, it may produce inaccurate readings.
- Not considering other factors that can affect the results: Breathalyzer results can be affected by several factors, including the temperature of the breath, the presence of other substances in the mouth, and the type of breathalyzer used. Police officers need to take these factors into account when interpreting breathalyzer results.
- Not properly administering the test: To obtain an accurate reading, the breathalyzer must be properly administered. If the test is not administered correctly, the results may be unreliable.
- Not using the latest technology: Breathalyzer technology is constantly evolving, and older models may not be as accurate as newer ones. Police officers need to use the latest and most accurate breathalyzer technology to ensure that they are producing reliable results.
- Failing to properly store and transport the breathalyzer: Breathalyzers can be sensitive to temperature and other environmental factors. If they are not properly stored and transported, they may produce inaccurate readings.
Police officers need to be vigilant in avoiding these common mistakes when using breathalyzers to test for DUI in Atlanta, GA. By taking the necessary steps to ensure that the breathalyzers are properly calibrated, maintained, and used, police officers can help to ensure that DUI cases are based on accurate and reliable evidence.
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Breathalyzer Challenge FAQs
A breathalyzer challenge is a legal process in which a person questions the accuracy and reliability of a breathalyzer test that was used as evidence in a DUI case. A breathalyzer challenge can be made on the basis of a number of factors, including the calibration of the breathalyzer, the administration of the test, and the presence of other substances that can affect the results.
Some common grounds for challenging a breathalyzer test include improper calibration, improper maintenance, improper administration of the test, and the presence of other substances in the mouth that can affect the results.
Yes, a breathalyzer test can be challenged in court. A person who has been charged with DUI based on the results of a breathalyzer test may be able to challenge the test by presenting evidence that the breathalyzer was not calibrated properly, was not properly maintained, was not administered correctly, or was otherwise unreliable.
The evidence needed to challenge a breathalyzer test will depend on the specific grounds for the challenge. For example, if the challenge is based on improper calibration, evidence of the breathalyzer’s calibration history may be needed. If the challenge is based on improper administration of the test, evidence of the procedures used to administer the test may be needed.
An attorney can play a critical role in a breathalyzer challenge by helping the defendant gather and present the necessary evidence to support their challenge. An attorney can also represent the defendant in court and argue on their behalf, helping to ensure that their rights are protected throughout the legal process.
If a breathalyzer challenge is successful, the results of the breathalyzer test may be excluded from evidence, making it more difficult for the prosecution to prove their case. In some cases, a successful challenge may result in the charges being dropped or reduced.
Yes, a breathalyzer test can be challenged after a conviction. However, the process for challenging a breathalyzer test after a conviction is more difficult and may require the assistance of a knowledgeable attorney.
Breathalyzer challenges can be a complex and technical process, but they can be an effective way to challenge the results of a breathalyzer test that was used as evidence in a DUI case.
A Client Story of a Breathalyzer Challenge in Atlanta, GA
Elizabeth was a successful business owner living in Atlanta, GA. One night, after having a few drinks with friends, she was pulled over by the police on suspicion of DUI. The police administered a breathalyzer test, which showed that Elizabeth’s blood alcohol content was over the legal limit. Elizabeth was arrested and charged with DUI.
Faced with the prospect of a criminal record, jail time, and other serious consequences, Elizabeth knew that she needed help. She reached out to an experienced Atlanta DUI trial lawyer. The DUI attorney was Greg Willis. She heard Attorney Willis had a lot of success defending clients against DUI charges in Atlanta GA.
Attorney Willis immediately began investigating Elizabeth’s case, looking for any evidence that could challenge the breathalyzer test results. After reviewing the breathalyzer’s calibration records, Attorney Willis discovered that the breathalyzer used in Elizabeth’s case had not been calibrated correctly. This was a critical mistake that could have led to inaccurate results.
Attorney Willis filed a motion to exclude the breathalyzer results from evidence, arguing that the results were unreliable and could not be trusted. The judge agreed with Attorney Willis’s argument and excluded the breathalyzer results from evidence.
With the breathalyzer results excluded, the prosecution had a much harder time proving its case against Elizabeth. Attorney Willis was able to negotiate a plea bargain with the prosecution, and Elizabeth was able to avoid a DUI conviction. She was sentenced to probation and community service – but she was able to keep her criminal record clean.
Elizabeth was so grateful for the help of her DUI trial lawyer, who was able to challenge the breathalyzer results and protect her rights and her future. She learned a valuable lesson about the importance of having an experienced DUI attorney on your side when facing DUI charges.
This story highlights the importance of challenging breathalyzer results in DUI cases, and the role that a qualified and experienced DUI trial lawyer can play in protecting the rights of those facing DUI charges. If you have been charged with DUI in Atlanta, GA, it is important to seek the advice of our Atlanta breathalyzer lawyers who can help you understand your rights and options – so you can get the best possible outcome in your case.
Put the Right Atlanta Breathalyzer Lawyers on Your Side!
If you find the right Atlanta DUI attorney, you can be sure to meet the deadline and have skillful defense for the DDS hearing. For the criminal trial, a lawyer can craft the case and deliver the impassioned argument that could get you reduced or dismissed charges. In either setting, an attorney could establish that you were not cautioned about what would happen if you refused the breath test. Perhaps the arrest was invalid, or your constitutional rights were violated. An experienced attorney could find these and other defenses.
If you’re facing legal troubles and want to make sure you’re hiring the best lawyer to fight your case, the Willis Law Firm is the place to call. Their attorneys are extremely knowledgeable and go above and beyond to make sure their clients receive the best outcome possible. The office staff has always been extremely helpful and compassionate through each step of the way. Greg has helped me and my family with a few cases over the years and we’ve always received a great outcome. He and his staff are the best in the field. There’s a reason why other attorneys hire Greg to handle their cases! Highly recommend their services. You won’t be disappointed.