Challenging Breathalyzer Results: Georgia DUI Defense Strategies
If you were pulled over and arrested for DUI in Georgia based on a breathalyzer result, you might feel like your case is already lost. But that’s not true. As a DUI defense attorney based in Marietta, I’ve seen firsthand how often breathalyzer results can be questioned—and even thrown out. These devices are not always reliable, and the people who use them don’t always follow the law. Your future should never hinge on one machine or one reading taken under stressful conditions.
Georgia DUI laws are strict, but they also give you rights. The state must prove its case beyond a reasonable doubt. That includes proving that the breath test was done properly, with a device that was correctly calibrated, by someone trained and certified. If that didn’t happen, or if the officer didn’t follow the legal procedures, we can fight to have the test results suppressed.
How Georgia Law Handles Breath Tests In DUI Cases
Under Georgia law, specifically O.C.G.A. § 40-6-391, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or more. For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s 0.02%. Breath tests are one of the main tools police use to determine BAC. However, these tests are not always accurate.
Georgia’s Implied Consent Law, found in O.C.G.A. § 40-5-55, means that by driving on Georgia roads, you agree to chemical testing if an officer suspects you of DUI. Refusing a breath test can lead to a license suspension under O.C.G.A. § 40-5-67.1, even if you’re never convicted in criminal court.
Even if you took the test and it showed a result above the legal limit, that does not automatically mean you’ll be convicted. Breathalyzer evidence can be challenged for several reasons.
Problems With Breathalyzer Testing Devices
Breathalyzers can give false readings for many reasons. If the device wasn’t properly calibrated or maintained, the results might be off. Georgia law requires breath testing machines to be inspected regularly, and those records must be available.
Some other reasons a breath test could be inaccurate include:
- The device was not approved by the Georgia Bureau of Investigation
- It was used outside of its certified parameters
- There were residual mouth alcohol effects (e.g., from mouthwash or dental work)
- The officer failed to observe the required 20-minute waiting period
- The person has a medical condition such as GERD, which can affect results
If any of these factors were present, the test results may be unreliable. We review maintenance logs, test records, and officer training to see if the test can be challenged.
Procedural Errors During Arrest Can Suppress Evidence
Even if the breathalyzer was working properly, the officer must follow strict rules during your arrest. If they failed to read your implied consent rights correctly under O.C.G.A. § 40-5-67.1(b), that can make the breath test inadmissible in court.
We’ve seen many cases where officers rushed through the process or gave misleading instructions. If you were confused about whether you had the right to refuse or were threatened or misled, that could affect whether the test can be used against you.
Medical Conditions And Environmental Factors
Certain health issues can lead to false BAC readings. People with acid reflux, GERD, diabetes, or those on low-carb diets can produce mouth alcohol that the device mistakes for blood alcohol. Also, exposure to chemicals like paint or fuel fumes can affect the test.
We work with medical professionals when needed to show how your unique situation might have influenced your test result. These details matter and can create reasonable doubt.
How We Defend DUI Cases With Breathalyzer Results
Our first step is to request all the records related to your breath test. That includes maintenance records, calibration data, and officer certification. We review body cam footage, arrest reports, and the implied consent warning to check for errors.
Then, we file a motion to suppress the breath test if we find any problems. If the court agrees, that evidence is thrown out, which weakens the prosecution’s case significantly.
Even if the test results stay in, we still challenge their accuracy during the trial. The prosecution must prove that the number is trustworthy—and we show every reason why it may not be.
Why You Shouldn’t Plead Guilty Without A Fight
Many people believe they have no choice but to plead guilty when they see the breath test number. But that’s often a mistake. These tests are not perfect, and the state has to follow the rules. If they didn’t, your rights were violated, and we may be able to get your case dismissed or reduced.
Every DUI case is different. That’s why I take the time to investigate the facts thoroughly and develop a defense that fits your specific situation.
Frequently Asked Questions About Challenging Breathalyzer Tests In Georgia DUI Cases
Can I Refuse A Breath Test In Georgia?
Yes, you can refuse. But under O.C.G.A. § 40-5-67.1, your license may be suspended for up to one year, even if you’re not convicted of DUI. This is an administrative penalty. That said, refusing the test may make the criminal case harder for the prosecution because they have less evidence. Whether or not to refuse depends on your unique case. I help clients understand the consequences of that decision in detail.
What Happens If The Officer Didn’t Read Me The Implied Consent Warning?
If the officer didn’t read the warning properly or at the right time, we can argue that the breath test was obtained unlawfully. Under O.C.G.A. § 40-5-67.1(b), the warning must be given after arrest but before the test. Any mistake in that process may be enough to suppress the results. Courts take these procedures seriously, and so do we.
Are Breathalyzer Machines Always Accurate?
No. Like any machine, they can malfunction. They require regular calibration and maintenance, which must be documented. Also, things like dental appliances, vomiting, or certain diets can cause false positives. That’s why we demand records and review how the test was administered.
Can I Challenge My DUI If My BAC Was Over 0.08%?
Yes. Even if the breath test showed a result over the legal limit, that doesn’t mean your case is hopeless. If the machine was flawed or the officer didn’t follow the law, the result might not be allowed in court. We also explore other defenses based on your driving, your behavior, and your medical history.
How Long Do I Have To Fight My License Suspension After A DUI Arrest?
You only have 30 days to request an ALS (Administrative License Suspension) hearing after a DUI arrest in Georgia. If you miss that deadline, your license can be suspended automatically. It’s very important to act fast, and we help our clients file for this hearing immediately.
What If I Have A Medical Condition That Affects The Test?
Conditions like GERD, diabetes, or even dental work can cause inaccurate breath test results. The device can’t always tell the difference between alcohol in your mouth and alcohol in your blood. If you have a health issue that might have impacted the result, we use medical records and expert testimony to support your defense.
Can The Prosecutor Still Win Without A Breath Test?
Yes, but their case becomes harder. They must rely on the officer’s observations and field sobriety tests. That evidence can be challenged, too. Without the breath test, the case often comes down to whether the jury believes you were impaired. We work to show that the evidence doesn’t support that conclusion.
Call The Mazloom Law Firm, LLC Today To Challenge Your DUI Arrest
If you’re facing DUI charges in Georgia and your case involves a breath test, you still have options. Don’t assume the machine got it right, and don’t let one number decide your future. At The Mazloom Law Firm, LLC, we fight to protect your rights, your record, and your license.
Contact our Marietta DUI attorney at The Mazloom Law Firm, LLC today at 770-590-9837 to receive a free consultation. We represent clients in Marietta, Atlanta, and across Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale Counties in Georgia.
