DUI breathalyzer test

Breath testing is by far the most widely used type of chemical testing for DUI investigations in Georgia. However, breath testing has many limitations and it is vulnerable to user error, leaving room for a knowledgeable attorney to challenge its results.

Challenging the breathalyzer test in Georgia

A breathalyzer is a device that measures the blood alcohol content present in your system using a breath sample. It is often used in DUI arrests (either roadside or at the police station) because it is time efficient for police officers who do not necessarily want to have their time taken up waiting for a blood draw at a hospital. Plus, it eliminates the need for additional witnesses at trial, such as the nurse who drew the blood for a blood alcohol test, and the toxicologist who tested the blood sample. It is fairly easy for an officer to operate an Intoxilyzer machine by simply inserting a clean and sterile mouth piece into the breath tube and then, after entering in the relevant information, instructing the driver to blow hard into the tube. But the operator must be very detailed-oriented in order to make sure the test result is reliable.

Read more

Prior to administering the test, the operator is supposed to conduct a 20-minute observation period. This is to make sure that the driver does not burp or belch in the 20-minute window prior to blowing into the breath tube; something as simple as a burp or belch can bring up small amounts of raw alcohol from your stomach that can contaminate the sample and compromise the results of your breath test. Despite the danger of artificially inflated breath test results, Intoxilyzer operators routinely ignore the importance of the 20-minute waiting period. Instead of actually observing a driver for the 20 minutes prior to the test, the operator may be doing paperwork, setting up the machine, or in some cases claim the observation period was conducted with the DUI suspect in the back of a patrol car, behind bullet-proof (and sound-proof) glass, while driving to the jail!

Another important factor in the reliability of a breathalyzer test is the working condition of the device at the time of the test. Breathalyzer machines must be calibrated properly and receive regular maintenance to ensure proper results. Defense attorneys can obtain records of the calibrations of the machine, as well as maintenance logs months prior to the test. If any issues are found, there can be potential grounds to challenge the accuracy of the test results.

Schedule a consultation
Contact Erin
  • Briefly tell us about what we can help you with.
  • This field is for validation purposes and should be left unchanged.
Attorney Erin H. Gerstenzang

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.

Contact us today

What it's like to work with Erin

Amazing Lawyer Hands Down!

Erin deserves nothing less than five stars for her intelligence, commitment, passion, and success as a lawyer. With such an abundance of passion for her practice, Erin is one of the best lawyers in town. She is caring, and can move mountains for clients. Whether I needed help day or night, she was always there for me. Law is not just a job for Erin, but it is a passion and a part of her life. Her success in her cases shows her dedication to her clients. I would recommend Erin in a heart beat to anyone who is looking for a lawyer who not only cares about winning a case, but cares about the clients future. I don’t know what I would of done without Erin by my side supporting and representing me.

Best Attorney – who can empathize, understand your problems & finds best way to get you out of it – got all my charges dismissed

I was looking for an attorney who could understand my case, who will be able to effectively fight for me and get the best outcome. That’s exactly what Ms. Erin did. She got to drop all the charges including reckless driving and also got my arrest to be restricted. I highly Recommend Ms. Erin.

Highly recommended!

Erin is confident, competent, knowledgeable, responsive and proactive. These are the key qualities I was looking for in an attorney. She was able to answer all of my questions and managed my expectations – while I was weighing my options. I ultimately decided to take my DUI case to trial and the ruling was in my favor, icing on the cake! If you are looking for legal representation, I strongly recommend consulting/hiring Erin.

Great Lawyer!

Erin was amazing to deal with from start to finish. She really knew what she was doing and knew her way around the courthouse and prosecutors so that we could get the best result possible. She was very professional and communicated things to me very quickly and easily. She helped me out of a somewhat major traffic violation with only a fine. I would highly recommend her to anyone.

Pleasant, effective and efficient – thanks Erin!

I wanted the best possible legal outcome and Erin also came highly recommended through another lawyer. She was 100% worth it. Without getting into specifics, I would not have managed the same outcome if I appeared in court on my own. She knew the system, the judges, the court, etc and was extremely timely in her communications and follow-up in the lead up to my court date. Hiring was simple (electronic documents and payment); we communicated over calls and texts, without me having to meet her till the morning of my court date. She was patient in answering all of our questions and explained the legal scenarios clearly. So glad we hired her given the peace of mind and result. Thank you Erin!

Stellar Lawyer

I hired Attorney Erin regarding traffic; I was so impressed with her thoroughness engagement and professionalism. She was able to get the largest charge dismissed and I paid a fine for the lesser charge. She was engaged and caring. I always knew what was going on and her prices were very reasonable. This is the lawyer to trust!

Erin saved me time, money and a whole lotta tears

Erin is top notch and made everything easy + seamless when I was feeling very frustrated and upset. I got a speeding ticket in Brookhaven and was not only thrilled with the result she achieved, but also how quickly she helped me.

As an attorney myself, I thought about handling the ticket on my own. I’m so glad I didn’t! She got me a better result than I ever could have imagined in no time. Get off the fence and contact her if you want this weight lifted off your shoulders.

Really Really Great Attorney

Let’s start by saying I was charged with D.U.I ; Marijuana possession; Single car accident on a major highway here in Atlanta; & Refused sobriety test. It didn’t matter Mrs.Gerstenzang went to work had charges reduced to Wreckless Driving with a reduced fine. No headaches of D.U.I classes, no drug evaluation; no probation.

She was Awesome! I would recommend her to represent you. Trust me.

DUI

If you are definitely looking for a lawyer that would represent you because they have your best interest at heart, Erin is the right person for the task. Not only would she explore and exhaust all options for your case, but she would guide you and give you feedback. She is excellent , knowledgeable, experienced and friendly. I was facing DUI and I had priors before, Erin was able to fight on my behalf and secure a favorable outcome in my case.

Great Traffic Lawyer

I’ve been a lawyer long enough to know that traffic court, especially in the City of Atlanta, is a very specialized practice. Accordingly, when our son was involved in a minor traffic accident, and we did not want to have to submit to the Atlanta Traffic Court’s “Pre-Trial Intervention-Traffic” scam, we reached out to Erin to handle it. Through her knowledge of the system, the solicitors, and the judges, she got us a great result, which was certainly much better than we could have achieved on our own.

I highly recommend her.

Fantastic lawyer, best possible outcome for the case

Erin was hired for a DUI case involving prescription medication. What made the case difficult was because of certain medical issues the client was not able to participate in his own defense. Erin had to think outside the box in representing the client, which she did with great compassion and success. She did a wonderful job of keeping us informed of her plans for representation and was always available to speak to us when necessary.

In our experience Erin really went to bat for her client. If you need legal representation in this area she is the best.

Very Impressed

I was referred to Erin through my older cousin who had used her in the past for a DUI case. This was my second DUI so he recommended her as one of the best in Dekalb county. My case was a very peculiar one and there were a lot of factors involved because it involved DUI, Hit and Run and Equipment violation. Erin was able to get all my charges dropped and only have the Equipment violation. I am THOROUGHLY pleased with the gracefulness and professionalism that Erin upheld throughout the entire process. She never seemed defeated or became flustered no matter what new evidence presented itself. She was very knowledgable and I Would definitely recommend her to anyone dealing with DUI or any other criminal offense.

Absolutely the best, kindest, most upfront and caring attorney I have come across!

I called Erin for a simple consultation, and WOW, the wealth of knowledge the gave me was enough for me to go into court and represent myself effectively! She is not a crook or a scam artist out to take advantage of you, she genuinely cares about you and wants you to come out victorious, whether you do or do not use her. I highly recommend her, because not only is she sweet, kind and caring, she is upfront, honesty and to the point – exactly what a lawyer should be! She is definitely an asset to the Atlanta area attorneys and to any client who should choose to use her! There is no better option.

Erin Saved My License!!!

I was arrested for DUI in July, and it was a very scary and stressful time. Erin was able to turn all of that around for me.

The video of my arrest was terrible…after watching what I could stomach, it was apparent that Erin had her work cut out for her. My case was very complicated, and there were several factors that made it difficult to win. In court, it was very clear that Erin is highly respected among her peers. Erin was able to guide me through this tough time, while keeping my driving status in tact, not to mention avoiding jail time! I appreciate Erin’s hard work and dedication.

The best call I ever made

I found myself in a bit of a bind and needed someone that knew the system and could respond quickly. Erin turned on a dime to get me out of the immediate situation I was in and then worked with me to resolve the larger issues with in a month. I have her number in my cell phone and gave it to my family and friends so they know who to call if something goes wrong.