How Accurate Are Breathalyzers in Georgia DUI Cases?
When someone is pulled over and suspected of driving under the influence in Georgia, one of the most common tools law enforcement uses is the breathalyzer. These devices are designed to estimate blood alcohol concentration (BAC) based on a breath sample. However, many people assume breathalyzer results are always accurate and irrefutable, which is not the case. At The Spizman Firm in Atlanta, we regularly help clients challenge DUI charges, including questioning the reliability of breathalyzer evidence.
What Is a Breathalyzer and How Does It Work?
A breathalyzer is a device that measures the amount of alcohol in your breath and estimates your BAC. In Georgia, officers typically use two types of breath tests: the preliminary breath test (PBT), which is conducted roadside using a handheld device, and the more sophisticated breath test done at the police station using devices like the Intoxilyzer 9000.
The roadside test is primarily used as a tool to establish probable cause for arrest. The results from this test are not admissible in court. The evidentiary test conducted after arrest, however, can be used as evidence in court, and a result of 0.08% or higher can lead to DUI charges.
Are Breathalyzer Results Always Accurate?
No. While breathalyzers can provide an estimate of BAC, they are not flawless. Several factors can affect the accuracy of the test:
- Calibration and Maintenance
Breathalyzers must be regularly maintained and calibrated according to specific standards. If a device is not properly maintained or if officers fail to follow correct testing procedures, the results can be unreliable. - Operator Error
Law enforcement must be properly trained to administer the test. Incorrect usage, such as not waiting the required observation period before administering the test, can skew results. - Medical Conditions and Interference
Conditions like acid reflux, diabetes, or certain diets can produce compounds in the breath that mimic alcohol. In addition, certain mouthwashes, medications, or even breath mints can affect the results. - Residual Alcohol in the Mouth
If a person burps, vomits, or has recently used an alcohol-based product, it can leave residual alcohol in the mouth, leading to falsely high readings. - Time of the Test
BAC levels can rise for up to an hour after a person has stopped drinking. A breath test taken long after driving might not reflect the driver’s BAC at the actual time they were behind the wheel.
Can Breathalyzer Results Be Challenged in Court?
Absolutely. Our experienced Atlanta DUI defense attorneys can examine whether the breathalyzer was properly maintained, whether the test was administered correctly, and whether there were factors that could have caused a false reading. In some cases, breathalyzer results can be suppressed or discredited altogether.
Reach Out to Our Office Today
At The Spizman Firm, we have extensive experience defending DUI cases involving breathalyzer evidence. We serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’ve been charged with DUI, contact us today to discuss your case and explore your legal options.
Source:
ojp.gov/ncjrs/virtual-library/abstracts/preliminary-breath-test-concept-traffic-enforcement-pbt-and-dwi
