The most reliable and precise way to determine the level of intoxication of a driver is by evaluating their Blood Alcohol Content (BAC). This is scientific evaluation which removes the unreliability of adjudging a driver's intoxication based on a police officer's "gut feeling" or other subjective sobriety tests used in the field. Though blood alcohol testing is scientific, it doesn't necessarily translate to guilt on the driver's part. There are some essential aspects of this as stated in various laws, in this case in the State of Georgia.
Police officers can verify blood alcohol content using various tools and methods. The most commonly used is a device which tests a driver's breath, such as a Breathalyzer. Urine and blood samples can also be extracted and analyzed. It takes time to get the results from the test, after which it can be determined whether or not there were any drugs or alcohol in the person's body.
What's the Georgia BAC Limit?
The law stipulates that the highest allowed content is .08. This means that anyone caught driving with an alcohol content exceeding .08 can be slapped with a DUI charge. People below the age of 21 can be charged with a blood alcohol content of .02, which constitutes a single drink of liquor. For commercial drivers, the enforced threshold falls at .04. People found with a BAC exceeding .15 in Marietta Georgia can be slapped with enhanced legal penalties.
Can One Refuse Chemical Evaluation?
Strictly speaking, any driver on the roads in Georgia automatically submits to be tested at any juncture. If one declines, they can face separate charges besides the DUI penalties. This could lead to a driving license suspension for a period of between 1 and 5 years, depending on prior convictions and the incident itself.
How Accurate is Chemical Testing?
Reliability aside, urine and blood tests are still far from ideal. In the case of breath, the test could be affected by many environmental and mental conditions. For example, breath test readings could be adversely affected by the acid reflux disease, an ailment which is quite common. Similar effects could also be caused by the use of mouth washes which contain alcohol. Urine and blood tests are also subject to inquiry, depending on the time of driving versus the time at which the test was taken.
Testing Over the Limit Doesn't Translate to Automatic Conviction.
Do not throw in the towel. Our Marietta DUI lawyers at Webb & D'Orazio take specialty in DUI cases, and have successfully defended individuals in similar situation. With your livelihood, money and driving license at stake, don't take chances. Contact us any time on (770) 952-7000.