After a DUI arrest in Georgia, many people remember being asked to take a breath, blood, or urine test but do not realize that the law can also recognize an opportunity for an additional independent chemical test. This issue is part of the overall DUI case. It is different from a roadside screening device and different from the test requested by the officer after an arrest.
The exact request, timing, response, and documentation can all matter. A lawyer reviewing a DUI case should examine those details along with the traffic stop, video evidence, field sobriety testing, and the State’s chemical-test records.
Who Chooses the State Test—and Who Chooses the Independent Test?
Following a DUI arrest, an officer may request a state-administered breath, blood, or urine test. Georgia law provides that the requesting law-enforcement officer designates which State test or tests are requested. The current implied-consent notice is an important part of that procedure.
If the driver submits to the State-designated test, Georgia law allows the driver to request an additional chemical test administered by qualified personnel of the driver’s own choosing and at the driver’s own expense. In other words, the officer chooses the State’s initial test; after submission to that test, the driver may designate the type of additional independent test requested.
The request should be clear. Georgia appellate decisions explain that an officer’s failure to obtain requested independent testing must be legally justified for the State’s test to remain admissible. If a reasonable officer would understand that a clear request has been made and simply ignores it, the admissibility of the State’s test can be challenged. An unclear or equivocal statement may not be enough to trigger that right.
A Portable Breath Test Is Not the Same as the State Test
During a traffic stop, an officer may use a portable breath test (PBT) as a screening tool. A PBT can be used in court to establish the presence of alcohol, but not to establish a driver’s blood alcohol content (BAC). It is distinct from a later evidentiary State-administered breath-alcohol test.
The later State-administered test can involve different procedures and records. A complete defense review should not treat every breath-related device as though it serves the same purpose.
Why the Details Matter in a DUI Defense
Testing evidence should be examined in context. That can include what was said on video, what State test was requested, whether the driver clearly requested an additional independent test, the response to that request, the documents given to the driver, the test report, and any available instrument or laboratory records.
When a case involves an Intoxilyzer 9000 result, the records may include the breath-test report and instrument-specific inspection information. That is why a careful defense review goes beyond a number on a test receipt.
What to Preserve After an Arrest
Keep every document you received. This may include the citation, bond paperwork, breath-test printout, medical records, and any documents about driving privileges or court dates. Write down what you remember about the stop and testing while it is fresh. Do not edit or discard documents, and do not post details about the incident online.
Full DUI Defense in LaFayette and Walker County
The Law Office of Gordon Hall, LLC represents people facing DUI charges in Walker County and northwest Georgia. Gordon Hall reviews the entire DUI matter, including video, roadside testing, chemical evidence, and court paperwork, so that clients understand what the State must prove and what evidence should be examined.
For a confidential consultation, call 706-333-5686.
Frequently Asked Questions
Yes. After submission to the State-designated test, Georgia law recognizes an opportunity for an additional test by qualified personnel of the person’s own choosing and expense. The facts and timing should be reviewed by a lawyer.
The requesting officer designates the State-administered test or tests. After submission to that State test, the driver may request an additional independent test of the driver’s own choosing.
The issue can affect the admissibility of the State’s test. The rule depends on whether the request was clear and whether law enforcement had a legally justifiable reason for not obtaining the additional testing.
A portable breath test, or PBT, can be used to establish the presence of alcohol, but not to establish blood alcohol content (BAC). It is different from the later evidentiary State-administered test.
Yes. The result should be examined together with the procedures, documentation, video, and other evidence in the DUI case.
This article is general information, not legal advice. Chemical-test issues depend on the facts, procedure, and available records in the individual case.