Improper Breath Test: Rules

In many states a specific agency sets the rules governing breath testing. In Georgia that should be done by the Division of Forensic Sciences (DOFS), but the applicable regulation basically says, "How we conduct your test is not part of our approved methods." Although the law requires the police to perform breath tests according to methods approved by the DOFS, there aren’t any approved methods. This means that your test will not be suppressed for this reason, although it may give a jury some food for thought ... hopefully about a two word verdict.

More Ways to Fight a DUI in GA

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Implied Consent Warning
• Witness Appearance
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness