The police didn't have probable cause to pull you over.
Cops can't just pull you over and check your BAC just because they feel like it. They have to have probable cause. You have to have been doing something that would lead someone to reasonably believe you should be pulled over. For example, you may have been speeding, weaving, going to slow, etc. However, if a cop pulls you over and can't give a good reason as to why, they can't later use the results of a breath or blood test.
You weren't correctly and timely read the implied consent notice.
After a police officer arrests you, but before you blow or give blood, the police officer has to read you a very specific notice that tells you about what happens if you do or do not consent to a state administered BAC test. Sometimes officers forget to read the notice, screw up the wording, or don't read the notice at the right time. If that happens, your attorney can get the results of any test suppressed.
The test results are invalid.
When taking the breath test in Georgia, you have to be given the test twice. If the results of the two tests are too far apart, the results are considered unreliable and your attorney can motion to have the results kept out.
The machine wasn't working properly.
Everyone knows that machines sometimes make mistakes. The breath test machines that police use are no different. The machines have to be tested often and certified that they are working properly. If the proper documentation of the testing and certifying can't be found, any results may be considered unreliable and suppressed.
A medical condition makes the results unreliable.
There are medical conditions that many people have which can interfere with a breath test. Did you know that acid reflux can cause a test to be inaccurate? That's just one example. Cops often don't ask or pay attention to possible medical issues when getting breath tests. Make sure you tell your attorney about all medical conditions you have or had when you were pulled over.
These are just a few of the reasons why you shouldn't automatically consider yourself convicted if you test over the limit on a DUI stop. Talk to your lawyer right away so you can work together to use all available resources to win your case. If your lawyer doesn't know everything that happened at your stop, he or she can't give you the full help you need in these cases!
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