The Sherman Law Group Articles Blood Alcohol Concentration in a Georgia DUI

Blood Alcohol Concentration in a Georgia DUI

By Sherman Law Group  Oct. 17, 2011 5:23p

Everyone's heard about blood alcohol concentration (BAC) as evidence in a DUI. How important is it when you blow into a breathalyzer after being stopped for a suspected DUI? The answer is:  very important. Your blood alcohol level is generally considered the most reliable evidence which will be used against you in a drunk driving charge. The legal limit is .08 and if your test results register that percentage, you will be charged with a Georgia DUI. Even if your BAC measures just .05, you can be charged and convicted if it can be proven beyond a reasonable doubt that your driving ability was impaired. For commercial and underage drivers, the BAC level is even lower. Commercial drivers can be convicted for a BAC level of .04 and an underage driver (below 21 years of age) can be convicted with a BAC of .02 percent. The breathalyzer test is the one most often used to determine a DUI.

If you refuse to take a chemical test when pulled over for a DUI, you face an automatic license suspension of one year if it's your first offense, 3 years on a second offense, and 5 years on a third offense.

Blood Alcohol Defense Strategies

Various defense strategies exist in challenging blood alcohol evidence from a breathalyzer test. One of these includes the rising alcohol defense, based on the medical fact that it takes about 50 minutes after consumption of alcohol for it to be absorbed into the bloodstream. This means that a BAC that is over the legal limit when a test was given may not have been over the limit 50 minutes earlier when the individual was actually driving. Other defense strategies may be based on improper calibration or maintenance of the breathalyzer itself, improper police procedure in administering the test, medical, dental, or dietary conditions which can give rise to a false breathalyzer result, or other substances in the mouth, such as cough medicine which can cause a falsely high reading.

If you are facing a DUI charge in or around Roswell, Georgia, you should consult with an experienced attorney for DUI defense. At the Sherman Law Group, you will find an experienced  Roswell DUI attorney who is part of a team that has developed a great deal of expertise in successfully defending individuals throughout the area, including blood alcohol defense tactics. By discussing your case with an attorney who handles DUI on a daily basis, your case could be significantly improved.

Contact a Roswell BAC defense attorney from the firm if you are facing DUI charges today.

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