Georgia DUI Over the Legal Limit of .08
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If you were arrested for driving under the influence (DUI) in Georgia because you tested over the legal limit of .08%, please know that fighting your charges is possible. With a qualified Georgia DUI defense lawyer on your side, you may be able to successfully challenge the results of your chemical test in order to win your case.
In Georgia, an officer may ask you to take a blood, breath, or urine test to determine your blood alcohol content (BAC). When administered correctly, these tests may be accurate; however, many factors could cause a false reading.
One defense used to fight a Georgia DUI over the legal limit of .08% charge is the rising alcohol defense. The law states that your BAC cannot be over the legal limit while driving; however, your BAC may continue to rise from the time that you were pulled over until the time you were brought to the police station or hospital for testing. If you have a drink before driving, your BAC may be well under the legal limit while you were operating the vehicle.
To determine your BAC at the time of driving, your defense lawyer may work with a forensic specialist or toxicologist. By finding out how much you had to drank, when you drank it, and whether or not you ate anything, the expert may calculate your actual BAC when you were behind the wheel.
Your lawyer may also analyze your breathalyzer test to determine if it was accurate. The breathalyzer machine can be easily tricked by mouth alcohol, so if you have any dental work or medical conditions (such as acid reflux or diabetes), or if you used any gum, mints, or tobacco products before taking the test, your reading may be falsely inflated.
To ensure they are working properly, breathalyzer machines must be calibrated and maintained according to manufacturer specifications. Your lawyer may subpoena the machine’s logbooks to determine if routine maintenance and calibration was performed.
Don’t plead guilty to a DUI just because your BAC was over the legal limit. The defense lawyers at Head, Thomas, Webb and Willis have the training and experience necessary to investigate your drunk-driving case. Available 24/7, we offer affordable rates and payment plans.
Submit your case information online today, and an attorney will contact you with a FREE, no-obligation DUI consultation. If you decide to retain our law firm, you will receive a FREE copy of The DUI Book and a FREE license appeal letter to contest the Department of Driver Services (DDS) administrative suspension.