By William C. Head – Atlanta DUI Attorney
How to fight a DUI alcohol per se case
A DUI alcohol per se charge can still be fought, so do not despair. Prosecutors are typically relying on the Intoxilyzer 9000 breathalyzer for their breath alcohol results. Some older cases in GA still involve the decommissioned Intoxilyzer 5000 breath machine, but that number of cases is quickly dwindling.
Both machines were manufactured by CMI Inc. of Kentucky. Whichever breath alcohol test is being used, your Georgia DUI attorney must be fully up to speed on what DUI expert witness to use, and how to attack the DUI per se breath test results.
Suppression motion to seek exclusion of alcohol results
If you decide to fight the driving while intoxicated arrest in court and work to get a DUI per se charge dismissed, different objectives for a suppression hearing may exist. For example, if the refusal of the implied consent test is clear, your Georgia DUI lawyer may not seek to fight that refusal issue at pre-trial motions. However, keeping out the breath alcohol test is critical to any driving under the influence per se case, and this is a common motion in limine that is pursued and argued by most DUI defense attorneys in GA.
Your Atlanta criminal defense attorney reviews the accusation to see what you have been charged with, and then reviews the witness list and the other evidence (e.g., police report, arrest DVD, eyewitnesses) that the prosecutor has collected for trial and plans to bring against you.
Specific challenges to Intoxilyzer 9000 breath alcohol test results
This breath alcohol test has been shown to be inaccurate and unreliable due to contamination issues, operator error, faulty prior quarterly inspections, an out-of-calibration dry gas simulator, histograms that are too dissimilar to be reliable, or similar issues.
If the accused drunken driver can show the test results are incorrect (sometimes shown by offering an independent blood test taken very close to the time of the breath alcohol test), the CMI Intoxilyzer 9000 evidence can be thrown out by the trial judge. Dozens of other ways exist to fight against the prosecutor’s breath alcohol evidence and to thereby avoid a drunk driving conviction, but only a DUI lawyer is likely to know where to look for these problems, and be able to determine when a winning defense is available.
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