Blood & Breath Tests

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Gainesville DUI Attorney


Law states that when you drive a vehicle, you give "implied consent" to be tested for blood alcohol concentration (BAC). When an officer observes signs that could indicate you are intoxicated, such as swerving, speeding, reckless driving, not staying in your lane, and wide turns he or she can pull you over. The officer may request that you perform several field sobriety tests in order to gather more evidence that indicates you are intoxicated. If the officer decides that you do appear intoxicated, you will be arrested and taken to the police station. At the station, you will have a blood or breath test administered. If you refuse this test, the law states that you will have your license suspended for a year or longer. This is not something that you can take lightly. It is therefore extremely important that you do not hesitate to contact a Gainesville DUI lawyer if you have been arrested for DUI, a legal team on your side will help to protect your rights.


The most commonly used blood alcohol concentration test is the breath test. If the officers suspects you are under the influence of drugs, such as marijuana, they may request that you provide a blood or urine sample. The breath test has a margin of error and the machine currently used is not the most current technology on the market. The state of Georgia uses the Intoxilyzer 5000, originally developed in the 1970's. The majority of states have updated their machines and use the Intoxilyzer 8000.

The machine that our state uses is subject to many variables that can impact the outcome of your breath test. The results from an Intoxilyzer 5000 can be impacted by how long ago the alcohol was consumed, whether the individual being tested hyperventilated before the test, the core body temperature of the individual taking the test, a high protein diet, radio frequencies, cough syrup and mouthwash use, and paint thinners.

When you are required to submit to a blood test to measure your BAC, there are several things that can impact your results. If procedure was not followed and this caused you results to indicate that you were intoxicated our firm can look at the test and challenge the results in court. You have the right to get an independent blood test after you have been tested during your arrest. Factors like fever and testing methods can make you appear intoxicated to a judge and jury when in reality you were not under the influence of drugs or alcohol. We stay up-to-date with new scientific studies that help better explain BAC and can provide many expert witnesses that can help build your defense; if you are currently in a situation such as this, do not hesitate to contact a lawyer from our firm to help protect your rights.

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