Do you think your DUI breath test result is wrong?
Do you think your breath result is right but want to try to get it kicked out of your case?
Then this post if for you. By the time you’re done reading this you’ll know how to do both if you want.
Why you should ALWAYS as for a DUI blood test after a breath test
I have learned a lot in my time as a DUI defender. One of the most frequent things that comes up is that the breath test is not very accurate at all. In fact, it is downright wrong many times. There are many reasons why the results are not accurate and the truth is that you can’t trust the machine.
What can you do?
Georgia law allows someone accused of DUI to get an independent test if they want one. If you want a blood test, you will probably have to pay for it, but if it is administered properly, it can be used as evidence in your case.
This is a great way to challenge breath test results.
If the police don’t allow you a DUI blood test, I can use that to help your case.
Myth: Your breath test will be thrown out because the police didn’t let you get a blood test.
This is not true. The breath test is still valid and will probably be used against you.
This doesn’t mean you can’t argue otherwise to the jury. By asking for a blood test, two things happen. First, you are making a statement of your belief in your own innocence. The fact is blood tests are very accurate. You know that and the police know that too. This brings me to the second point. You can argue that the police didn’t let you have a blood test because they thought it would help you and not help their case.
If you have been charged with a DUI in Cartersville, Bartow County, Floyd County, Cherokee County, Cobb County, or Paulding County, call me today at (770) 824-3030 because I am ready to help you with your case.
Asking for a blood test to check your BAC won’t hurt you.
What if the test comes back higher or the same as the breath test?
Easy answer: We don’t do anything with it.
You aren’t under any obligation to help the prosecutor prove a case against you. Generally, you don’t have to produce medical records that would bolster the prosecutor’s case.
It is important to note that you should NEVER sign a disclosure agreement allowing the police or court to see the results without consulting your attorney first.
WHEN SHOULD YOU NOT REQUEST A DUI BLOOD TEST:
If you’re going to test positive for drugs, prescribed or not.