Thank you for your response.
While you are not giving me the in depth details I was asking for and you are supplying limited information, if you do not want to provide more (which you can do by clicking on reply to my answer), I will give you the general way the instrument works and it works this way by computer
program which no operator can interfere with by tapping on the instrument or doing anything else, including unplugging the instrument, as the instrument gives out a computer printout on what happens on each and every test. Tapping on the machine cannot change a test result. Also, there is no law saying the officer cannot tap on the machine or that the officer has to show you the results, the results have to be submitted to the court
as part of the arrest paperwork.
If you "blew for about 15 seconds" and the instrument was not making a continuous tone sound while you were blowing, then you were improperly blowing into the instrument and the instrument will printout a result stating "Insufficient Sample." In order for someone to be blowing properly, they have to blow hard enough for the instrument to make a continuous tone and they stop only when told to do so by the operator. If the instrument is making a on and off beeping tone or no tone at all when someone is blowing, this is an insufficient sample caused by the test subject not blowing right in the tube. Failure to blow properly into the tube is considered a "refused test" and will be accompanied by a computer printout from the instrument saying "Insufficient Sample" or "refused test."
A defendant is not entitled to more than one test or opportunity to blow into the instrument and it is up to the law enforcement agency as to what type of test (breath or blood) that they will administer pursuant to the GA Implied Consent Law (the law everyone with a driver's license agrees to abide by and comply with simply by agreeing to get a driver's license). Thus, if you did not blow properly into the instrument, the officer can consider that a refusal and does not have to offer the defendant any further test. You must read your paperwork from your arrest and you MUST file for a driver's license administrative hearing within the time specified on your paperwork, because failure to do so means you cannot later try to obtain any restricted or limited license during your suspension time (this is separate from your criminal
charge and you must do both, the administrative and criminal portion of the DWI suspensions).
Now, onto your DWI arrest. In order for an officer to arrest someone for DWI they must have probable cause
in every aspect. First, they must have probable cause to stop you, which means an accident or some traffic violation observed by the officer. Second, they must have probable cause to decide you should be taken for a breath test, which means a strong odor of alcoholic beverage on you, slurred speech, unsteady balance etc, your appearance in general. This can also be developed by giving you a field sobriety test unless the officer believed and can articulate why giving you a filed sobriety test was not proper (you appeared to intoxicated or traffic conditions made it too dangerous). If the officer did not have and articulate probable cause for your stop and for taking you for a breath test, these are both grounds that a DWI case can be attacked. Also, if there are no test results submitted with your arrest paperwork (including one that says "insufficient sample" or "refused" or anything else), then this is another ground to seek dismissal on the basis no test was offered or given as they would have no proof a test was given and you blew improperly or whatever happened with your test.
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