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Did you know in Georgia that you have to get two breath samples in order for that breath
test to be admissible in court and used against you? My name is Benjamin Von Schuch. I'm a
DUI lawyer in Atlanta, Georgia. Let me tell you a story about a gentleman who was pulled
over for speeding on 285 and given a ticket for speeding and then ultimately arrested
for DUI. Now he took a breath test and gave 2 samples. Those samples were very far apart.
In Georgia, you're allowed to get that breath test into court even if they're different.
So he took these breath tests within a minute of each other and it gave significantly different
numbers. As long as that breath test is within .02 of each other, they're admissible in court.
What I did because when I looked at that I thought, well that doesn't look very reliable
if these two tests numbers can be so different. It shouldn't be like that. They were more
than 10% off. I went and got all the records on this machine: when it was last fixed, calibrated,
checked, worked on, certified. And what I found is that it actually was not checked
and certified within the time period that it was supposed to be. So in order to get
a breath test machine into court and show that it is reliable, the state has to show
that this test was calibrated and checked every single quarter (a quarter being a typical
calendar quarter). And so this machine was not calibrated during that time period. An
interesting fact to know is that if you know that this machine breaks do you know that
the state does nothing to inform the people who have taken a test that the machine was
broken? If you've been arrested for a DUI and you've given a breath sample, just because
you've given a breath sample and it may be over the legal limit does not mean that that
breath sample was reliable. I handle many of these cases. My name is Benjamin Von Schuch.
If you want to give me a call, we can talk about your case and how I can help you out.
Again, my name is Benjamin Von Schuch. Thank you for watching my video. I look forward
to having a conversation with you.