Breathalyzer tests are frequently used by law enforcement officers in the field as a way to determine a driver's blood alcohol level when he/she has been suspected of driving under the influence (DUI). To carry out the test, it requires a suspected drunk driver to blow into the breathalyzer, which then determines the levels of alcohol in that person's system. Under Georgia DUI law, a person is prohibited from operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If a driver submits to a breathalyzer test and blows above this BAC, they will likely be arrested for driving under the influence.
Failed your test? Contact an Atlanta DUI attorney!
An experienced Atlanta criminal lawyer understands how to contest a failed breathalyzer test or a breath test refusal, however—as both may have serious consequences like a driver's license suspension, fines, jail time, probation, community service, and/or alcohol treatment—so it is important to enlist the help of legal representation as soon as you are faced with a DUI charge. Breathalyzer tests are actually well-known for their faults and for their potential to give false readings. For instance, if a machine is not properly calibrated it may produce a reading that is too high. This may be a possible defense that an attorney can use at a DMV hearing or in court in order to have breathalyzer test results suppressed.
The most commonly used breathalyzer test machine in Georgia is the Intoxilyzer 5000. This machine may give a false or high reading if it is administered improperly, if the machine is not properly calibrated, or if the person taking the test smoked, ate or drank recently. Additionally, certain gastroesophageal reflux conditions or diets may affect the test results. Factors such as a person's gender, weight, metabolism and unique body temperature are not taken into account in these calculations either, thus making breathalyzer tests all the more unreliable. Contact Sailers & Associates to learn more.