Hear from what Cobb Defense Attorneys have to say!
Gregory Chancy
A Breathalyzer test measures the concentration of alcohol in a driver’s breath to estimate blood alcohol content (BAC).
Georgia law enforces an “implied consent” rule, by driving, you agree to chemical testing if lawfully arrested for DUI.
Refusal to take the test can lead to license suspension and be used as evidence of impairment in court.
Breath tests are commonly administered using Intoxilyzer 9000 devices approved by the Georgia Bureau of Investigation.
For drivers 21 and older, the legal BAC limit is 0.08%.
For commercial drivers, it’s 0.04%, and for underage drivers, it’s 0.02%.
Police must read the Implied Consent Notice before administering the test.
Drivers have the right to request an independent chemical test after taking the state-administered test.
Improper calibration or machine malfunction can lead to false readings.
Operator error, if the officer wasn’t properly certified, results may be excluded.
Medical conditions (e.g., GERD, diabetes) or residual mouth alcohol can distort readings.
Violation of procedure, like failing to observe a 20-minute waiting period before testing, can justify suppression of results.
Defense attorneys often file motions to suppress to challenge the validity of the Breathalyzer evidence.
Refusing the Breathalyzer test triggers an automatic one-year license suspension under the Administrative License Suspension (ALS) process.
A refusal can also be used as circumstantial evidence of impairment in a DUI trial.
However, the defense can argue that the refusal was based on confusion or unlawful arrest procedures.
Breathalyzer results are often the core evidence in Georgia DUI cases.
Challenging the accuracy or legality of the test can lead to reduced charges or case dismissal.
Understanding your rights during a DUI stop helps protect your license, record, and freedom.
Experienced DUI defense attorneys know how to question every step, from arrest to equipment maintenance.
against powerful insurance companies. If a fair settlement cannot be reached, we are fully prepared to take your case to court, having successfully tried numerous personal injury cases before judges and juries across the state.
Studies show that accident victims who hire an attorney receive approximately 3.5 times more compensation than those who don’t. Don’t face this challenging time alone—call 770-627-3221 to schedule a free, no-obligation consultation, or send us a confidential email through our online form. For your convenience, our team is fluent in Spanish, French, and Portuguese. Let us fight for the justice and compensation you deserve.
