Breath Test

Augusta GA Driving Under the Influence Lawyer

We have all heard of the breathalyzer test, and though this term was become synonymous with any device used to measure blood alcohol content via the breath, it is actually a brand name for a particular company's version of such a device. The breath test has become the most prominently used piece of evidence to prove allegations of driving under the influence, and it can actually be performed on the spot if the law enforcement agency in question uses the portable type of testing device.

There is some disagreement concerning whether or not a person who has been pulled over and suspected of driving under the influence should agree to take the breath test. Those who refuse to take the test will have their license suspended automatically if they do not file a request for an administrative hearing concerning the license suspension within 10 days of the incident. Plus, refusal to take the test does not mean that one cannot be convicted of driving under the influence via the "less safe" statute that is not contingent upon blood alcohol levels.

In Georgia the legal limit for blood alcohol levels is .08. If your breath test indicates levels at or higher than .08, you can be charged with driving under the influence. Though blood alcohol tests are usually accurate, they are not infallible. The officer can sometimes mishandle or misuse the equipment, or even misinterpret the results. Also, the specific device that was used to measure the BAC may have a history of false readings. A good Georgia DUI lawyer will look into the circumstances surrounding the blood alcohol testing and vigorously advocate your interests if any discrepancies or irregularities can be found.

Driving under the influence carries some very significant penalties, even for the first offense. There are fines to pay, and one must pay to attend a Risk Reduction Program, so the financial penalties can make an impact on your budget. Plus, one must serve a minimum of 24 hours in jail, spend time on probation, and do some court ordered community service. And on top of that, there is a mandatory license suspension. Being convicted of driving under the influence is costly on many levels, so if you have failed or refused to take a breath test, it is highly advisable to retain the services of an experienced Georgia DUI lawyer who has a history of successfully defending people who have been accused of DUI.