How to Beat a Breathalyzer
Georgia DUI Lawyer Mark Jones Discusses How to Beat a Breathalyzer Test / Intoxylizer Test
One of the devices that police officers use to determine probable cause to arrest you for driving under the influence is portable breathalyzer. These are really great inventions. Scientists and doctors are now using breathalyzers to detect things like bacterial infections and even cancer! For the longest time though, they have been used to provide evidence in DUI cases. Recently, one such device was featured on Shark Tank.
Although you need not submit to a portable breathalyzer conducted as a field sobriety test during a traffic stop, Georgia law requires that you submit to the intoxilyzer 9000, a blood test, or a urine test under Georgia’s implied consent law codified in OCGA 40-5-67.1. See also State v. Webb, 443 S.E. 2d 630 (Ga App. 1994).
Of course, you can refuse to take the state-administered test, but that will result in an automatic hard suspension of your driver’s license for one year in the event your DUI charge is not reduced or dismissed.
So How Do You Beat A Breathalyzer / Intoxilyzer 9000?
The only way to beat a breath test is to refuse to take one. While there are certain defenses available to a defense attorney if you take such a breath test, these are technical defenses focused on the administration and accuracy of the test. Well-trained law enforcement officers, such as the DUI Task force in Columbus, Georgia called the “Nighthawks,” will take steps to guard against such defenses.
Therefore, the only way to “beat” a breathalyzer, intoxilyzer, or any other DUI test is to refuse to take the test. As mentioned, your refusal to take the test will have significant consequences on your DUI case, including an automatic hard license suspension for which no work permits are available. Prosecutors will also be less inclined to want to work with you or your attorney if you refused the state-administered test as well.
Only you can decide whether to refuse to take the state-administered test, but one thing is for sure, the only way to “beat” the administered test is to avoid taking it altogether.
Breath tests and other state-administered tests are tough to beat if you submit to them. Therefore, the only sure fire way to “beat” such a test is to avoid taking one in the first place, i.e., by not driving under the influence (preferably) or by not submitting to the test at all. If you do not submit, however, you risk a one-year hard suspension of your driving privileges in Georgia with no work permit available.
It is absolutely imperative that you hire an experienced DUI defense attorney to defend you against your DUI charges. Call 706-ARMY-DUI, 706-225-2555, or 866-521-MARK today for a free consultation about your case. You must act quickly after being arrested however if you want any hope of saving your license. You have 10 business days to appeal the administrative suspension following your arrest!
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