Breathalyzer Tests
You May Be Able to Challenge Results with an Athens DUI Defense Attorney
Your blood alcohol content (BAC) reading is critical to the state’s
case during the course of a DUI arrest. Because of this, the law was designed
to compel individuals accused of drunk driving to submit to a requested
breathalyzer test. Failure to comply can result in a number of penalties—some
more severe than if you had taken the test and failed.
If you would like to discuss the impact a breathalyzer test result may have on your case, call (706) 705-5122. Our Athens DUI defense lawyer is ready to help.
Consequences of Refusing the Breathalyzer
It may seem like common sense to refuse the breathalyzer so there isn’t enough evidence to be charged with DUI; however, there are other forms of evidence, such as the officer’s testimony about your appearance and behavior, that can be used against you. In fact, the act of refusing the breathalyzer can be used by the prosecution as evidence of your guilt.
One of the biggest consequences you can face as a result of refusing the test is an administrative license suspension. Just by virtue of being arrested for DUI and the breathalyzer refusal, your license can be suspended for up to one year. And, unlike someone who blew over the legal limit, you will be ineligible for a limited permit that would allow you to drive to work, school and other court-approved locations.
Challenging a breathalyzer refusal violation is possible. If the office failed to inform you of the Implied Consent warning, or your arrest was illegal, your refusal could be thrown out.
Challenging Breathalyzer Readings
Breathalyzers are comprised of a number of components that must work together in order to deliver an accurate reading. If there are any errors with the device, the results may be inflated. To ensure everything is in good working order, the police are required to perform routine calibration and maintenance on the unit. The first thing a DUI lawyer will do after taking on a case is ask for a copy of the breathalyzer’s maintenance logbook. If the attorney finds that these records are not up to date, he or she can file a motion to have the results suppressed.
In addition to mechanical problems that can impact the reading, there are also biological matters that can affect the breathalyzer. Certain conditions, such as acid reflux or diabetes, could inflate the reading.
A number of factors can taint a breathalyzer’s accuracy, such as:
- Recent dental work
- Low-carbohydrate diets
- The devices margin of error
- Interference from radio devices
- Human error
We Can Fight Your Case
Don’t let your fate rest in the hands of a test that is riddled with problems. Attorney Lee Webb has completed his certification in using the Intoxilyzer 5000—the brand of breathalyzer machine used by Athens police departments—so he understands the specific issues with this form of testing. We understand that financial strains can often keep individuals from getting the defense they need, but Attorney Webb works with clients to help come up with affordable payment plans.
If you have questions about what your breath test results mean to your case, call (706) 705-5122 for a no-charge, no-obligation case evaluation.
Why Choose Our Firm?
Put a Devoted Attorney On Your Side-
We understand both the procedure of drug & alcohol tests, and the science behind them
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Attorney Webb has earned numerous awards for his standard of excellence.
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Clients receive Attorney Webb's personal cell phone & email address.
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We have over 25 years of legal experience.
We can Make a difference
Hear from Other Clients We've Helped-
Criminal Defense Client
He is knowledgeable and very professional.
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DUI Client
This was a first-time DUI (0.08), first-ever offense of any sort. I was referred to Lee by a lawyer friend. Lee and Alisa (his assistant) did an outstanding job of guiding me through the process from first contact all the way through trial (that never occu
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Kevin W. / DUI Client
Lee did an amazing job on my case. He asked me to walk through all of the details of what had happened and then studied the police reports in great detail. Once we went to court it was clear from the beginning that the judges and prosecutors really respect
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DUI Client
Once I came into contact with Mr. Webb after facing an arrest for driving under the influence, I knew he was the man I could trust to help me when it came to the law. He simplified the legal process and was successfully able to reduce the charge I was pres
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DUI Client
As soon as I was charged with a DUI, I reached out to Lee Webb for representation—and my experience could not be more ideal. He immediately initiated an appeal for my administrative license suspension and reached out to the prosecutors for negotiation. Les
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DUI Client
The court kept pushing out my case date, but after three years, Lee was able to get it dismissed. I would recommend Lee to anyone facing criminal charges—even if you think it is an open-and-shut case, there are a number of factors that can change the outco
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Criminal Defense Client
I immediately researched defense lawyers and scheduled a free consultation with Lee Webb. As soon as I walked into his office, I felt relieved. While the situation was embarrassing, Lee treated me with respect and helped me through the process. He was alwa
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Criminal Defense Client
Lee and his team kept me updated throughout the entire process, and were always available if I had any questions. Lee was brutally honest and was true to his word during my proceedings. I am very satisfied with his representation as well as the results of
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Criminal Defense Client
I cannot say enough about Lee Webb. From start to finish, he made a miserable experience tolerable. Each employee I worked with – including with the individual who answered the phone on weekends—was top notch and beyond pleasant. The team kept me informed