The State of Georgia can charge you with DUI due to alcohol or some other impairing substance (like illicit or prescription drugs or even over the counter substances like inhalants or over the counter medications). Many people charged with DUI never submit to a breath or a blood test. This means that the person is charged with DUI – Less Safe (suggesting that due to what you had consumed you were “less safe” to operate a motor vehicle).
However, you may have taken a breath test at the Detention Center, submitted to a blood test at the hospital, or forced to take a blood test by warrant at either place. Having a drug in your system or registering over the legal limit of .08 BAC/BrAC does not mean that there is nothing that can be done to help you. Though the cases are a bit more challenging, hiring an attorney experienced in DUI Detection and Enforcement always gives you a fighting chance.
There are two breath testing devices used in the State of Georgia. You may find yourself in front of the Intoxilyzer 5000EN or the Intoxilyzer 9000. Both are designed and manufactured by a company out of Kentucky called CMI, Inc. Any variants of the 5000EN have been used in the State of Georgia for over 30 years and will remain an acceptable device until December 31st, 2015 while the 9000 has been approved for use since 2013. Counties are slowly making the transition to the newer machine. Whether you were tested on a 5000 or a 9000 is something that can be determined upon your initial consultation.
Obviously, Georgia made the decision to change from the 5000EN to the 90000 in 2013 because newer equipment is supposed to be better. At face value, that lends us many arguments on any test that was conducted on the 5000. Further, they are dozens of issues with the 5000 that have been found that can impact your result on that device. However, just because the 9000 is newer doesn’t mean it is better or failsafe. Since its rollout, problems with this device has been mounting. Not only does it suffer from a lot of the same limitations as its predecessor, but new issues are also materializing regarding how it obtains its results every month.
These are not magical machines and, as with any machine, are subject to error and malfunction. Likewise, there are many medical conditions that could have an impact on a person’s ability to give an accurate result. Our office employs, on a regular basis, experts on breath testing devices that conduct thorough reviews of the machine you were actually tested on and helps us determine if the result you were given can be trusted. Whether you should just “believe” the number you were given should not be decided until after a comprehensive review has been done. Hope is not lost even if you took the test.
If you would like to learn more about how your breath test could be inaccurate or may have been compromised, please contact our office immediately.
Most blood tests in the State of Georgia are conducted (after obtained from the subject) at the Georgia Bureau of Investigation’s Crime Lab. At that location, they have machines running 24 hours a day, 7 days a week conducting an analysis of subject samples. Blood tests can be conducted for alcohol concentration, prescription drugs, or illicit drugs. Like breath tests, many problems can surface upon a thorough review being conducted of the gathering, transportation, and testing processes. Our office has at our disposal some of the most qualified and renowned scientists who focus on these issues who have assisted us in identifying issues with the blood test resulting in their exclusion by a judge, disregard by a jury, or dismissal by the prosecution.
If you submitted to a blood test or were forced to take one, very distinct issues may exist in your case that can work in your favor. Do not hesitate to contact our office immediately to set up a consultation.