The Nelson Law Group

Four Strategies to Challenge DUI Blood Alcohol Concentration Tests in Georgia

By Pierce Blitch

Arrested for a DUI in Georgia and facing a demoralizing BAC test result? Think again before giving up hope. Georgia’s implied consent laws may seem inflexible, but there are effective strategies to challenge DUI blood alcohol tests. As experienced attorneys, we are here to guide you through four potential avenues to challenge these tests.

The Four Defenses Against DUI BAC Tests:

Questionable Accuracy of Breathalyzers

Doubts about breathalyzer integrity are widespread. Across various states, certain Intoxilyzer models have been discredited for yielding unreliable results, primarily due to calibration issues. An example of this is the Intoxilyzer 5000 which was discontinued by Georgia. This revelation has led to the exclusion of numerous BAC test results in court proceedings. But, what about blood tests?

Unqualified Test Administrators

A key aspect of contesting a blood test revolves around the qualifications of the staff conducting it. If the individual lacks proper licensing or fails to adhere to correct testing procedures, the validity of the test results can be challenged.

Breaks in the Chain of Custody

Criminal evidence, including BAC test samples, demands careful handling. Knowing who had control of the evidence and when they had it is critical to ensure there was no tampering. Any discrepancies or suspicious activity in the chain of custody can be a significant point of contention.

Faulty Equipment and Maintenance Issues

The reliability of results from breath, blood, or urine tests is heavily dependent on the proper management, calibration, and usage of testing equipment. Any negligence in these areas can be grounds for disputing the test outcomes.

Remember, a DUI charge in Augusta, backed by seemingly conclusive test results, is not the end of the road. Exploring these defense strategies with a seasoned DUI attorney can open doors to potentially overturning the charge.


We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available. Nearly all the attorneys at The Nelson Law Group are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to see the case from all sides. If you, a family member, or a close friend faces criminal charges, contact The Nelson Law Group today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.

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