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Roadside testing and its connection to a Georgia DUI arrest. When a driver in Georgia gets pulled over or stopped at a DUI checkpoint location, he or she may be asked to blow into a portable breath tester for alcohol. These roadside screening tests are optional, voluntary and can be declined without any penalty or negative driver’s license consequences.
If arrested for DUI in GA at the roadway, after attempting the voluntary field sobriety tests (roadside eye test and other balancing tests) the officer will read a legal advisement off a bright green card. This is the Georgia implied consent law notice telling you that a refusal of this post-arrest forensic test can cause you to be suspended for a full year.
Georgia’s driving under the influence of alcohol (DUI) laws criminalize operating a motor vehicle with a blood alcohol content (BAC) level of .08% or higher (for adults). The underage driver BAC level is 0.02% for drivers under 21 and 0.04% for commercial driver’s license holders behind the wheel of a commercial vehicle). So, various types of drivers have different alcohol breath test limits.
What these “over-the-legal-limit” laws mean is that even if the detained driver’s ability to drive has not been affected by the consumption of alcohol, she or he can be arrested for drunk driving just for being above the legal alcohol limit. You’ll be shocked by the BAC calculator comparison below.
How long does it take to Get Rid of Alcohol Breath? The real question, for DUI-DWI purposes, is how long does alcohol stay in your bloodstream, not merely the smell on your breath. In fact, a person’s breath can still have an alcohol stench to it, after all alcohol is out of the body of the drinker, from the night before.
This common question typed into Google (about how to eliminate alcohol) depends on several factors. Each person’s body size, “type,” and digestive system is somewhat different from the next person. These factors make calculating BAC levels very “fact-specific.”
We will assume that both drinkers had no food prior to starting their drinking. We will also give them the same amount of the same alcoholic beverage, which would be 12-ounce Budweiser beers, with 5 of these consumed at the same time, sip for sip, for 2 hours. Both will be pulled over by police, arrested and asked to blow into the Intoxilyzer 9000 breath test instrument at the local police station. Assume that each submitted to breath testing exactly 4 hours later at that police station,
A normal, small-frame woman 5 feet tall and 100 pounds will get intoxicated on far less alcohol than a 200-pound, 6’2″ male who is heavily muscled. Using the Widmark formula and allowing each of them the same constant “burn-off” level of 0.015 grams percent per hour, each would eliminate 0.060 grams percent of the alcohol that each consumed.
Huge Variations can occur for a Drinker’s breath alcohol content. However, the woman’s alcohol breath test levels would be very high, and at more than double the Georgia legal limit of 0.08 grams %, at 0.170 (+/-) and the man would be legally sober at 0.030 grams percent (+/-), or maybe even lower, due to his heavy muscle mass. [SOURCE, NHTSA BAC alcohol breath test chart posted by National DUI lawyer directory, TeamDUI.com.]
How accurate and reliable are Georgia’s breath alcohol testers? What most people charged with the crime of driving under the influence don’t realize is that a post-arrest alcohol breath tester used in Georgia to determine a driver’s BAC level is not always accurate. Plus, these breath test for alcohol devices must have periodic calibration checks that are sometimes botched.
In fact, several device malfunctions and error message factors for these devices could render an inaccurate or inflated breath test reading. So, rather than leaving your fate in the hands of a mechanical device that is prone to possible errors, you should immediately contact a DUI attorney in Atlanta who has had experience beating the Georgia breathalyzer test.
Some people foolishly try to self-assess their chances of winning the DUI in GA. The operable word here is “FOOLISHLY,” since our three attorneys near me offer no-cost case evaluations. The same person would not just accept a cancer diagnosis and not seek medial guidance.
Just reading TRUE DUI case histories with: (1) BAC levels triple the alcohol legal limit, or (2) with a DUI refusal and failing all three NHTSA field sobriety tests, or (3) another drunk driving case report of a DUI checkpoint with a Intoxilyzer breath test double the legal alcohol limit, from two of our previous criminal trials will dissuade you from thinking that you have no chance to beat a DUI in court.
After being arrested for DUI in GA, some people are so depressed that they dwell on their mistake the night before, and not on beating the criminal charges. Our law partners are DUI lawyers near me and WELCOME comparing nearby criminal attorneys. For example, our law firm has three different law book authors, which is unique in Georgia and possibly in all of America.
Criminal Defense Attorneys Atlanta GA led by an ABA Board-Certified DUI Lawyer
Each DUI attorney in our law office possesses special training on debunking “drug recognition” officers’ training and roadside tests like the “modified Romberg test” and the less-extensive ARIDE protocols require that our criminal defense lawyers know how to challenge a GBI blood alcohol or drugs test. Each of our Atlanta lawyers are an INSTRUCTOR in the three NHTSA standardized field sobriety tests (SFST), which exceeds the training of most police officers making arrests for DUI in Georgia.
Beating a breathalyzer test in Georgia. Far too many citizens arrested for drinking and driving plead guilty to their charges and never seek the advice of an Atlanta DUI attorney who is a top-rated DUI lawyer Georgia. Atlanta DUI lawyer William Head and his law partners have won over 1,000 DUI cases that had breath alcohol tests that exceeding the “legal limit.”
Limit your search to a lawyer for DUI who has achieved legitimate legal industry excellence attorney ratings, and who possesses a track record of proven drunk driving defense results on knowing how to beat a DUI. If our law firm has the RIGHT criminal defense attorney for you, ask our law office about our DUI attorney payment plans.
Call today for a free lawyer consultation with one of our award-winning DUI attorneys NOW, 24-7. This initial criminal case review costs you nothing. Why not contact us for FREE legal advice? Simply dial 404-567-5515, and do it 24 hours a day, on weekends or holidays, and speak to one of our criminal justice lawyers.
Go here to look at a breath alcohol test chart.