If an officer stopped and gave you or someone you know a BAC test for suspicion of drunk driving, you should contact an experienced DUI attorney immediately. Every DUI arrest in this state leads to an automatic license suspension that you must challenge within thirty days after the arrest date if you wish to keep your driving privileges.

A lawyer with experience in handling BAC (blood and breath) testing in McDonough DUI cases could help file this challenge and do a thorough investigation into the stop and subsequent arrest. Therefore, it is of the utmost importance to contact an attorney familiar with all Georgia DUI laws for the best possible outcome in court.

Factors that Could Influence BAC Level

BAC is the measurement of alcohol intoxication in a person’s blood. Law enforcement uses these levels to determine if an individual is driving a car or any other motor-operated vehicle while under the influence of alcohol.

BAC takes into account the volume of alcohol that the person consumed over a period of time. Some factors that may affect a person’s BAC level include:

  • Bodyweight- a heavier person will require more alcohol for the same BAC reading as a smaller person
  • Gender- the effects of alcohol are more potent and last longer for most women than men due to different rates of absorption and metabolism
  • Rate of consumption- The quicker a person consumes alcohol, the faster their BAC level will rise
  • Food in the stomach- a person with an empty stomach may have a higher BAC if they drink the same amount as a person who just had dinner due to the quicker absorption of the alcohol
  • Medications- many over-the-counter and prescription medications may intensify the effects of alcohol and can artificially increase a person’s BAC

Any person who submitted to a BAC test should contact a skilled attorney right away. A lawyer in McDonough could review a person’s breath and blood alcohol tests and build a DUI defense based on these results.

Implied Consent Law

Under The Official Code of Georgia Annotated 40-5-55 any individual with a driver’s license who violates any of the state’s DUI laws automatically gives consent to blood and breath testing. After a stop, the officer may test the driver’s breath, blood, urine, or other bodily substances necessary for determining the presence of drugs or alcohol. If a person refuses to submit to BAC testing, the state can use the refusal to suspend their license. Although urine and “other bodily substance” testing is allowed under Georgia law, the only tests typically administered are blood or breath tests.

Possible Implied Consent Defense

If, during a DUI stop, the arresting officer fails to read the implied consent warning or makes any errors, an attorney in McDonough could possibly invalidate the results of a BAC and request that the court dismiss the case. If the attorney successfully gets the case dismissed, the court will remove the pending license suspension from the state’s department of driver services records.

Schedule an Appointment Today with an Attorney Who Specializes in DUI Cases and BAC Testing in McDonough

If you are facing drunk driving charges, call a skilled lawyer who specializes in BAC (blood and breath) testing in McDonough DUI cases right away. Our experienced team has the tools necessary to investigate and get your driving privileges back.

The sooner you and a knowledgeable attorney start preparing your case, the better chances you have of a positive outcome. Call today to get started.

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Carl Chapman
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