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What if my two Breathalyzer Samples differ by Greater than 0.02?

What happens if I do the breathalyzer, but my two breath sample results differ by greater than 0.02? 

If this situation has happened to you, it is critical to understand that the law provides specific protections for you. If you provided your two breath samples, and they differ by greater than 0.02, those tests are completely inadmissible against you!

Can the Police use my Breathalyzer results against me if the two results differ by greater than 0.02?

The short answer is: No! The Georgia Legislature created protections for anyone who provides two sufficient samples, if the results differ by greater than 0.02. This protection appears in OCGA 40-6-392(a)(1)(B):

In all cases where … the state selects breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For either or both of these sequential samples to be admissible in the state's or plaintiff's case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes.


This means that, if the samples differ by greater than 0.02, the State cannot use either result against you in court! They can't use either test against you. 

If this has happened to you, give us a call at 770-249-4405 for further instructions.

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