The chain of custody laws in Georgia pertain to “the movement and location of physical evidence from the time it is obtained until the time it is presented in court.” During this time there are specific rules that medical, legal, and law enforcement professionals must follow to ensure that your evidence has not been tampered with before it is presented in court during your case.
If these rules are not followed, then a judge can rule that the evidence against you may be inadmissible evidence in a Georgia DUI case.
What Does This Mean for Your DUI Case in Georgia?
During your trial, the prosecutor will submit test results from your failed blood, urine, or breath test as evidence against you that you broke the law. If the evidence that a prosecutor would use during your case was not handled according to the chain of custody laws in Georgia, then that evidence could be ruled as inadmissible and the prosecutor would not be able to cite your failed test as evidence during your trial.
This is critical. Often, the test results are the best evidence the prosecutor has. The testimony of law enforcement officials is not nearly so persuasive. If test evidence is ruled inadmissible, the prosecutor may be forced to drop the charges against you or to bargain for a lesser charge.
Knowing to look for broken chain of custody laws takes an experienced Alpharetta DUI defense attorney. Having the blood alcohol concentration test thrown out may be the deciding factor in your Fulton County DUI case.
Call the Law Offices of Scott Miller if you have been arrested and need a defense DUI attorney in Fulton County or any of the surrounding areas. Scott Miller is a Georgia DUI lawyer who knows what to do during your trial to help you get the best possible outcome in your case. Call the Law Offices of Scott Miller at 770-408-1001 today.
