Preliminary Breath Test and State Administered Test | DUI Lawyer Ellijay, Ga

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Teague Law | DUI Lawyer Ellijay Ga

What is a h3reliminary Breath Test (PBT)

A Preliminary Breath Test (PBT) is a common field sobriety test given to detect DUI. This test is given to detect the presence of alcohol in a driver’s breath.

During this test the driver is asked to blow a continual flow of air into a small straw attached a small handheld electronic box, typically performed on the side of road during the initial investigation.

This test will give a numerical reading for a blood alcohol content (BAC) – however, due to the unscientific and unreliable nature of this device, Courts have ruled that the numerical reading is inadmissible in Court. Instead, the State can only introduce evidence of either the presence or absence of alcohol as measured by the PBT.

When a driver has been accused of driving under the influence, they may be asked to perform a series of Standardized Field Sobriety Tests – this is only one of those test. Each Field sobriety test has its own unique limitations and challenges. The experienced DUI Attorneys at Teague Law have been trained in field sobriety and are able to dissect the testing to ensure proper instructions were given and that the test was scored correctly – in addition to pointing out the legal and scientific flaws associated with each test.

The PBT test is by no means perfect and can give a false positive for a driver who is not impaired. If you have been charged with DUI and submitted to a field sobriety testing, call one of Teague Law’s experienced DUI Attorneys in Ellijay, GA who has been trained in field sobriety testing and its flaws to defend your rights now.

What is a State Administered Test

A State Administered Test refers to a chemical test of a driver’s breath, blood, or urine to detect DUI. This test is given to detect the presence and amount of alcohol or drugs in a driver’s system.

The State Administered Test is subject to heightened requirements, restrictions, and procedures as this is the type of test is admissible in court as evidence to show both the presence and amount of alcohol or drugs in a driver’s system.

The State Administered Breath test must be performed on an intoxilyzer machine which has been properly maintained and calibrated and administed by a trained officer following the proper procedures outlined in the training manual– the State Blood test requires a properly licensed professional to draw the blood and perform the chemical testing upon a properly maintained scientific instrument – and the urine test requires a properly supervised collection of urine and testing by a professional with the proper equipment.

When a driver has been accused of driving under the influence, they may be asked to perform a State Administered Test – each of which has its own unique limitations and challenges. The experienced DUI Attorneys at Teague Law have been trained in the testing to ensure proper procedure – in addition to pointing out the legal and scientific flaws associated with each test.

If you have been charged with DUI and submitted to State Administered testing, call one of Teague Law’s experienced DUI Attorneys in Ellijay, GA who has been trained in field sobriety testing and its flaws to defend your rights now.

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