Georgia DUI Police Evidence

Several types of police evidence can be used in a Georgia driving under the influence (DUI) case. You need an experienced defense lawyer on your side who can thoroughly analyze this evidence. If it is flawed in any way, your lawyer can challenge it in an effort to win your DUI case.

In Georgia, you can be charged with drunk driving if your blood alcohol content (BAC) is over the legal limit. To determine your BAC, the police may order a breath, blood, or urine test. If administered properly, these tests results are accurate; however, faulty machines, incorrect administration, or some medical conditions can lead to an inaccurate BAC reading.

To conduct breathalyzer tests, Georgia law enforcement agents use the Intoxilyzer 5000. Unfortunately, this technology is old and is known to have several problems. Additionally, protocol must be strictly followed. For example, if the breathalyzer is selected to test for alcohol content, two samples must be taken. These two samples cannot differ more than .020 grams, and the lowest reading must be submitted to the criminal court and the Department of Driver Services (DDS) for administrative suspension purposes. If the difference is more than .020 grams, test results cannot be entered into evidence.

Urine testing is typically used for DUI drug cases rather than DUI alcohol cases. Urine testing is subject to the Georgia Chemical Test Statute, and certain rules and procedures must be followed during testing. Failure to follow the proper protocol could lead to the suppression of the test results.

Only a person qualified by the Georgic Chemical Test Statute can perform blood testing. The blood test must follow a certain chain of command; if any part of this command cannot be verified, your lawyer can file a motion to have the blood test thrown out.

Another form of Georgia DUI police evidence is the field sobriety tests. These tests, which include the walk-and-turn, the horizontal gaze nystagmus, and the one-leg stand test, are used by police to establish probable cause for a drunk-driving arrest. However, these tests are known to be extremely subjective and can be improperly administered.

Attorney Cory Yager is a former Georgia police officer who knows firsthand the police evidence that can be used against you in a DUI case. Thanks to his knowledge, he can investigate your case to determine if any of this evidence is invalid. If he finds inaccurate evidence, Mr. Yager will file a suppression motion.

To learn more about the Georgia DUI police evidence in your case, and to receive a FREE case evaluation, submit your contact information online today.

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