By: William C. Head, Criminal Defense Attorney Atlanta GA and ABA Board-Certified DUI Attorney
When an individual is suspected of driving under the influence of drugs—or a breathalyzer test cannot be used—law enforcement agents may turn to a DUI blood test to determine blood alcohol content (BAC) or the presence of other substances. While the blood test may be the most effective form of BAC testing, the truth is that it’s not without its flaws—which means that beating the Georgia blood test is certainly possible.
Many people who fail the blood test take the results at face value. However, there are a number of strategies that can be used to disprove the reading. Consider this—blood tests are not used as commonly as breathalyzer tests in a DUI case. This means that they are more prone to errors, simply because law enforcement agents aren’t as used to the procedure. If your Atlanta DUI attorney finds that your blood sample was not transported immediately after it was collected or uncovers any other problems, he or she could ask that your test results be thrown out.
Blood tests are also supposed to follow a very specific chain of command. If any piece of this chain is missing, this can be used to prove reasonable doubt regarding its accuracy. In addition, if the Georgia Bureau of Investigation (the agency responsible for conducting the blood tests) fails to provide the necessary paperwork while an attorney is building the case, the judge could again suppress your blood test reading.
The rising blood alcohol defense can also be used to challenge the DUI blood test in some cases. Georgia’s laws on drunk driving state that it’s illegal to operate a vehicle with a BAC of .08% or higher. However, sometimes a substantial window of time can pass between being arrested for DUI and giving a sample for the blood test. Because alcohol doesn’t reach your bloodstream right away, your BAC can actually continue rising, especially if you had several drinks right before getting in the vehicle. In fact, your BAC could have been much lower when you were driving then when the test was administered.
As one of the leading DUI defense attorneys in the country, Atlanta DUI lawyer William C. “Bubba” Head takes education and training seriously. In fact, he has successfully completed training on the blood test evidence used by the police and prosecution to prove guilt in a DUI cases. It’s from his extensive education that he has been able to develop a number of winning defenses by beating the Georgia blood test.
To learn how beating your DUI blood test result is possible, please complete our online case evaluation form now to set up a free initial consultation.
After being arrested for DUI in Georgia, the first thing to do it identify an expert on Georgia DUI law through top attorney ratings. Look at who is BEHIND the law firm, review each of the trial lawyers’ credentials, and check out the criminal defense attorney who leads the law office. Every experienced DUI lawyer in the law firm must have full command of DUI laws and possess training in all aspects of successfully challenging the driving under the influence criminal case.
This successful defense record must include suppressing breath alcohol tests, and knowing every prior appellate decision on the Georgia implied consent law. An increasing number of drugged driving cases require that our criminal defense lawyers know how to challenge a GBI blood alcohol or drugs test. Being an INSTRUCTOR in the three NHTSA standardized field sobriety tests (SFST) is also necessary.
The best DUI attorneys in Atlanta, Georgia will offer you a FREE consultation, explain how their criminal attorneys search for a successful defense in your case, and aggressively represent clients to the maximum extent the law allows. Limit your search to DUI lawyers who have legitimate lawyer ratings and a history of proven results on knowing how to beat a DUI. If we are the criminal defense attorneys for you, ask us about our attorney payment plans.
Call our DUI defense lawyers NOW, 24-7, for an initial case review and FREE legal advice: 404-567-5515, or email our criminal justice attorneys.