Find the Best DUI & DWI Lawyers Nationwide - TeamDUI.com

FREE DUI & DWI Attorney Consultation - 24 hours a day - 365 days a year. Call 1-844-TEAM-DUI or search online here one for your State to get out of a DUI.

  • Home
  • DUI Defense Lawyer
    • Find The Best DUI Trial Lawyer
    • Do I Need a DUI Lawyer?
    • DUI Legal Defenses and Lawful Arrest
      • Legal Traffic Stop without the Degree of Probable Cause
        • DUI Illegal Stops
      • DUI Probable Cause
      • Possess an Articulable Suspicion during Traffic Stop
      • DUI Police Search
      • Warrantless Arrest
      • Speedy Trial Denial
      • Fight DUI Additional Charges
    • Implied Consent
      • DUI Implied Consent Test
      • Implied Consent/Miranda Rights
      • Not Answering Implied Consent & Consequences
      • DUI Refusal Implied Consent Test: Loss of Driving Privileges
    • Elements Of A DUI
      • DUI Roadblocks
      • DUI Required Degree of Impairment
      • Probable Cause for the Stop
      • What Is “Operating A Vehicle?”
  • DUI Breath Test
    • Breathalyzer Defenses
    • Field Sobriety Tests
      • Probable Cause and Field Sobriety Tests
      • Roadside Agility Tests and Eye Test
    • Breathalyzer Machine
    • Georgia Intoxilizer 5000
    • Portable Breath Tests
  • DUI Blood Testing
    • Blood Test
      • Blood Alcohol Content
        • Alcohol Content Common Drinks
        • BAC – Widmark’s Formula
    • Refusal to Test
    • DUI Drugs
  • Urine Test
    • Pooled Urine and BAC
    • Variability of UAC to BAC Ratio
  • Court Info
    • Making Bail after DUI and DUI Bail Options
      • DUI Bail Terms
    • Investigating A DUI-DWI Case
      • DUI Defense Options
      • Police Reports
      • Field Evidence
    • Preliminary Hearings
    • DUI Pretrial Motions
    • DUI Plea Bargains
      • Plea Bargaining and Sentencing
    • DUI Trial Lawyer Explains DUI Trial Process
      • A DUI Jury Trial Can Be Advantageous
      • DUI Expert Witnesses
    • Not Knowing Your Legal Rights puts You at Risk
    • Remain Silent – Protect Your Legal Rights
    • How to WIN or Reduce a DUI Case
    • I was arrested for DUI in Georgia. I have heard about attending DUI School. Do I need to go ahead and attend this?
    • Marietta Municipal Court
  • DUI Laws
    • Aggravated DUI
    • DUI First Offense
    • DWI vs DUI: DWI Lawyer, DUI Attorney-What’s the Difference?
    • Georgia DUI Laws Statewide Coverage by Lawyers Near Me
  • DUI Penalties
    • What are the consequences of a DUI?
      • How will a DUI conviction affect my future – DUI Defense Lawyer?
      • Can I be charged with DUI just for driving after taking my prescription medicines?
    • DUI Cost
    • Third DUI Penalties
    • Driver’s License Issues
      • If I get a DUI and lose my license, can I get a work permit?
    • Administrative License Suspension for GA DUI
    • DUI Ignition Interlock Device
    • DUI Hardship License
    • Is a DUI a felony or a misdemeanor?
  • Our DUI Attorneys
    • Find The Best DUI Trial Lawyer
    • DUI Lawyer Fees
  • DUI News
  • State DUI Laws & Penalties
    • Delaware DUI Laws & Penalties
    • Idaho DUI Laws & Penalties
    • Kentucky DUI Laws & Penalties
    • Louisiana DUI Laws & Penalties
    • Maryland DUI Laws & Penalties
    • Missouri DUI Laws & Penalties
    • Pennsylvania DUI Laws & Penalties
    • New York DUI Laws & Penalties
    • Nevada DUI Laws & Penalties
    • New Hampshire DUI Laws & Penalties
    • New Mexico DUI Laws & Penalties
    • California DUI Laws & Penalties
    • Alabama DUI Laws & Penalties
    • Maine DUI Laws & Penalties
    • Arizona DUI Laws & Penalties
    • Utah DUI Laws & Penalties
    • Texas DUI Laws & Penalties
    • Oklahoma DUI Laws & Penalties
    • Indiana DUI Laws & Penalties
    • Hawaii DUI Laws & Penalties
    • Wisconsin DUI Laws & Penalties
    • Minnesota DUI Laws & Penalties
    • Wyoming DUI Laws & Penalties
    • Michigan DUI Laws & Penalties
    • Illinois DUI Laws & Penalties
    • Vermont DUI Laws & Penalties
    • Kansas DUI Laws & Penalties
    • New Jersey DUI Laws & Penalties
    • Washington DUI Laws & Penalties
    • Tennessee DUI Laws & Penalties
    • Florida DUI Laws & Penalties
    • Massachusetts DUI Laws & Penalties
    • Connecticut DUI Laws & Penalties
    • Virginia DUI Laws & Penalties
    • Mississippi DUI Laws & Penalties

DUI Breath Tests In Georgia

Policeman holding a breathalizer

 

 

 

 

 

 

Drunk driving is the act of operating a motor vehicle with the operator’s ability to do so impaired as a result of alcohol consumption, or with a blood-alcohol level above the legal limit. Breath tests are the most widely used method by law enforcement during DUI-Driving Under the Influence investigations to determine BAC.

Blood and urine tests usually require the sample to be collected by a nurse or other qualified person. Also, the person being tested may object to such invasive testing methods. These are only a few reasons why officers favor DUI breath tests as their preferred method.

Types of DUI Breath Tests Before and After an Arrest in Georgia

There are two different types of breath tests and both are done before an arrest is made. The first is referred to as a preliminary breath test (PBT). These test results can only be used as evidence in court to show the presence of alcohol was detected. This test usually occurs on the side of the road, after the initial stop.

The second test is administered by the state. After arrest, the driver is read an Implied Consent, which notifies the driver of the consequences to refuse the test. To operate the breathalyzer machine, the operator must be certified and trained.

In DUI-DWI cases, the purpose of DUI breath testing is to determine the concentration of ethyl alcohol. Similar principles apply to quantitative testing and rely on Beer’s law, which states the amount of infrared radiation absorbed by a substance in a sample is directly proportional to the concentration of the substance in the sample. So, in breath tests, the concentration of alcohol in a breath sample is determined by the quantity of infrared absorbed and the known frequencies.

Problems with DUI Breath Testing

Machine errors should be considered with DUI-DWI breath tests.

Improper calibration, or lack of routine maintenance and calibration, can cause invalid readings. Tests should be performed only by a person trained and certified to operate the breathalyzer machines. Even if the person is qualified, operator errors could still occur.

Residual mouth alcohol can also lead to invalid readings. Exhaled air can absorb alcohol from your lungs AND the upper part of the mouth and throat. Some tobacco products and products containing menthol can lead to a higher concentration reading.

Interference can also occur if another substance in your system has frequencies similar to ethyl alcohol such as acetone and gastroesophageal reflux disorder.

These are just a few examples of how a DUI breath test could produce inaccurate results. Breathalyzer tests are going to be around for the foreseeable future due to their ease of use, low cost to implement, and they produce results on the spot. This allows for an expedited process and the police officer can effectively pursue additional DUI drivers.

The Future of Breathalyzers | Breathalyzers | DUI | DUI Defense | DWI

Holding Breath and the Ability to Breathe Can Affect the Test

Since breath is undefined in the statute, we have to assume that “breath” means the whole breath is inhaled and exhaled. If the legal level is determined by reference to the entire breath, alveolar air is only a portion of that breath. If alveolar air contains a higher concentration of alcohol than the whole breath, then a tested sample of alveolar air will give a false high reading of the whole breath required by the statute.

Holding your breath or breathing wrong in theory can affect the results. Doing this is not an easy thing to accomplish. Without the officer seeing what you are doing, you have to hold your breath immediately

before the test.  The odds are you will not be able to pull this one-off.

5-Star Rated Criminal Law Firm with Three Super Lawyers Traffic Ticket Attorneys

It should be a priority of yours to find legal representation trained to know the limits and faults of breath tests. TeamDUI.com was created to help you find the most experienced, skilled, and knowledgeable criminal defense attorney. Each attorney on TeamDUI.com has years of experience, proven track records, and industry recognition for being at the top of their field. We can provide a reputable choice near me who is capable of analyzing the individual circumstances in your case, evaluating your chances in court, and providing you with informed options before your court date.

Contact our Atlanta attorneys at 404-567-5515, and get a FREE professional case assessment by phone or in person. No other law firms in Georgia have more accolades, client reviews, and top lawyer ratings than our traffic ticket attorneys.

Copyright © 2025 · TeamDUI.com ·