When a police officer pulls over a driver on suspicion of driving under the influence (“DUI”), he or she will often request that the driver consent to a chemical test. DUI chemical tests measure a driver’s blood alcohol content (“BAC”). In Georgia, there are three primary types of chemical tests: (1) breath tests, (2) blood tests, and (3) urine tests. For cases involving the suspicion of alcohol intoxication, police usually administer a breath test via a breathalyzer, which is a machine that measures a person’s BAC by testing the breath. When drug use is suspected, blood and urine tests are often administered. Unfortunately for many drivers, chemical tests, whether breath, blood, or urine, are often inaccurate. In this article, we examine three reasons why DUI chemical tests are sometimes wrong.
Rising Blood Alcohol Concentration
A driver who has been drinking can experience a spike in BAC long after he or she is no longer behind the wheel. The result of this is that a driver whose BAC is within the legal limits while driving can fail a DUI chemical test after a traffic stop, particularly if a significant amount of time passes between the stop and the test. When this occurs, a driver’s DUI defense attorney can challenge the result of the test in court.
Breathalyzer Test Problems
Breathalyzer tests are notorious for having a lot of problems. Therefore, there are typically many available ways for criminal defense attorneys to challenge breathalyzer results. Issues that lead to inaccurate breathalyzer test results include:
- The officer who administered the test wasn’t properly trained.
- The authorities failed to follow proper testing protocol.
- The breathalyzer device wasn’t maintained and calibrated properly.
In addition, the portable breathalyzer tests that officers use on the roadside are often less accurate than standard ones.
Blood Test Problems
As noted above, the authorities sometimes administer blood tests to measure BAC. Although blood tests are the most accurate way to evaluate a driver’s BAC, these types of tests also have a lot of problems. Issues that lead to inaccurate blood test results include:
- Blood samples become contaminated during the chain of custody.
- Blood samples that mishandled and corrupt the accuracy of the test.
- Issues with rising BAC as discussed above.
Contact a Gwinnett County criminal defense attorney
Have you been arrested for DUI in Georgia? If so, you need an experienced Gwinnett County criminal defense attorney in your corner. When you come to Carter Pilgrim for assistance, we’ll review the facts of your Georgia DUI case and plan an appropriate and effective defense. Our Georgia criminal defense attorneys have a strong reputation in the state of Georgia for aggressively defending clients in the courtroom and obtaining favorable results at the negotiating table. So, if you’re facing a DUI charge in Georgia, please contact us to schedule an initial consultation.