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Can You Challenge the Results of a DUI Breathalyzer or Blood Test in Georgia?

Posted by Brett Willis | Aug 17, 2023 | 0 Comments

Yes, you can challenge the results of a DUI breathalyzer or blood test in Georgia. In order for the government to use these tests as evidence in a court of law, they should be accurately administered and follow all relevant rules and procedures. If something goes wrong during the testing process, this proves an opportunity for your DUI lawyer to challenge the results. Here are some situations where this may be the case: 

The DUI Breathalyzer or Blood Test Results Weren't Obtained Lawfully

First, officers have to prove that they didn't get the DUI breathalyzer or blood test through some unlawful means. That could be an illegal stop, an unlawful detention after an otherwise lawful stop, or it could be an illegal arrest. If any of those things took place, they can't use the test results. 

The Officer Didn't Follow Implied Consent Law Rules

Secondarily, the officer needs to follow the rules of implied consent law. The basic premise of implied consent law is that everyone driving on Georgia's roads has given implied consent to a blood, breath, or urine test if their driving is found to be unsafe. Implied consent doesn't mean they can just take a test from anyone, however. There is a proper sequence of events that must take place, including reading an implied consent card and asking if you're willing to take a test. 

Without your free and voluntary consent, then it could violate your self incrimination rights under the Georgia Constitution of 1983. As a result, you can suppress your breath, blood or urine test results. 

The Breathalyzer Test Was Administered Incorrectly 

Of all the types of tests, the breathalyzer is the most subject to error. If the officer did not obtain your breathalyzer test results the way they were supposed to, it may have caused you to get a positive result. For example, officers are supposed to wait at least 15 minutes before giving a breathalyzer test to reduce the risk of false positives from having alcohol residue in your mouth from other sources, like mouthwash. Improperly calibrating the test beforehand can also lead to inaccurate readings. 

There Was a False Positive Result 

Sometimes tests, particularly breathalyzer tests, can generate a false positive in certain situations even when the person hasn't been drinking. Here are a few situations that can cause false positive results:

  • Getting alcohol residue trapped underneath a crown 
  • Having some medical conditions, including GERD
  • Being on specific diets 
  • Taking certain medications 

If any of the above reasons apply, it can cast doubt on the results of the test, potentially allowing you to challenge them. If you manage to successfully challenge the results, the case is effectively equivalent to a less safe DUI. The prosecution will have to rely on mostly qualitative evidence such as footage from the field sobriety tests. It's generally much more difficult to prove your guilt beyond a reasonable doubt without test results. 

Have Any Questions About DUI Breathalyzer Or Blood Test Results? Contact Us Today

If you'd like to challenge test results, the best thing to do is contact a law firm like Brett Willis Law. We can discuss your reasons for believing the test results should be challenged and use this information to vigorously defend you in court. We've been working since 2005 to defend clients of DUI charges. You can trust us to find small details like improperly administered tests that can turn your case on its head. If you need legal assistance or you just have more questions on DUI breathalyzer or blood tests, contact us today

About the Author

Brett Willis

When the government has charged you with a crime, Brett Willis is the man to see. Brett has been winning the most difficult and serious cases since 2005.


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