DUI breathalyzer test

Breath tests are commonly used to measure the alcohol content in a person's bloodstream during a DUI investigation in Georgia. However, these tests are prone to user error and can be challenged by a skilled attorney.

Challenging the breathalyzer test in Georgia

A breathalyzer is a device that measures the blood alcohol content in your body through a breath sample. It is commonly used in DUI arrests due to its convenience and efficiency for police officers, who do not need to wait for a blood draw at a hospital or have additional witnesses present for a blood alcohol test. To use a breathalyzer, a police officer simply inserts a clean mouthpiece into the device, inputs the necessary information, and instructs the driver to blow into the tube. However, it is important for the officer to be meticulous in their use of the machine to ensure accurate test results.

If you were arrested for DUI in Georgia and took a breathalyzer test, you may wonder if the results were accurate. Breathalyzers can give false results if the machine is not calibrated or regularly maintained. The Intoxilyzer 9000 used in Georgia has several flaws, including sensitivity to changing air temperature, mouth washes, breath sprays containing alcohol, and physical conditions like acid reflux and dental diseases.

To ensure accurate BAC calculations, officers should comply with the industry’s suggested 20-minute observation period before administering the breathalyzer. This reduces the risk of contamination due to mouth alcohol. If an officer fails to follow the appropriate observation period, the test results may not be given as much weight or may even be thrown out entirely.

If you refuse to take the breath test, you will be arrested for DUI less safe, and if you fail the test by going over the legal limit of .08%, you will also be charged with DUI less safe and DUI per se. The Implied Consent Law in Georgia gives drivers the right to request a second test, choose the test location within a nearby vicinity, and withdraw funds needed for the test fees.

If you failed a breath test, it is crucial to hire a skilled DUI lawyer to help guide you through the legal process.

Challenge the validity of the observation period

Prior to administering the breath test, the operator is required to observe the suspect for a 20-minute period to ensure that they do not burp or belch, which can contaminate the sample. If the operator did not properly observe the suspect for the full 20 minutes, it can be argued that the results of the test are not reliable.

Challenge the administration of the breath test

This can be done by examining the procedure used by the officer during the test. If the officer did not follow proper procedure, it can be argued that the results of the test are not reliable.

Challenge the reliability of the breath testing device

This can be done by obtaining records of the calibrations and maintenance of the device. If any issues are found, it can be argued that the results of the test may be inaccurate.

Challenge the qualifications of the operator

The operator of the breath testing device must be properly trained and certified. If the operator was not qualified to administer the test, it can be argued that the results are not reliable.

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Criminal defense for DUI breathalyzer test in Georgia

There are many additional ways to successfully challenge the breath-testing equipment used in Georgia. However, you need to find an experienced and knowledgeable DUI attorney to help mount a winning strategy. A quality defense takes into account the physiological variances of individual that was tested, the physical conditions of the location of the breath testing, as well as the maintenance and calibration of the machine months prior to the test and the machine’s history of producing inaccurate samples.

Attorney Erin Gerstenzang is an experienced DUI attorney in Atlanta who can determine whether your breathalyzer test may have been compromised. Call Erin today to schedule a consultation to discuss your case.

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