Are Georgia Breathalyzer Tests Legal?

By: William C. Head ©2015. All rights reserved.

Most DUI arrests are followed by a request for the driver to submit to a Georgia DUI breath test to determine the driver’s breath alcohol level, which is an indirect attempt to estimate blood alcohol content. From 1995 to 2015, the breath machine used in Georgia was the Intoxilyzer 5000 made by CMI of Owensboro, KY.

A new device, the Intoxilyzer 9000 (also made by CMI) also has been approved for use in Georgia since 2013 and will become the sole approved forensic breath testing device that can be used in this State January 1, 2016 and after. So, an arrest for driving under the influence of alcohol will usually require the driver to take or refuse to take the official breathalyzer machine test, as used in GA. Then, the DUI per se case for being over the legal limit would move forward against the accused drunk driver.

 

 

 

 

 

 

 

 

 

 

 

Despite ALL breath test devices used in the USA having fully automated, computerized processors and a sortable database that is capable of retrieving and storing full operational information, the GBI in GA never bothers to purchase any software to use with the Intoxilyzer 5000. So, no downloads of the all-important data proving reliability NEVER happened. The GBI did this intentionally so that criminal defense lawyers fighting DUI cases with breath tests involved could not see if the device was working correctly when their client’s Georgia DUI breath tests were collected.

In addition to this attempt to hide information from criminal defense attorneys representing accused drunk drivers, the GBI was extremely careless in approving a forensic device without ever CHECKING the source code for errors in the many functions that the Intoxilyzer 5000 must run to give a valid test. The breath machines were bought at face value, with NO meaningful verification of the breathalyzer test device’s accuracy and precision. Moreover, the GBI bought the Intoxilyzer 5000 without even an archive copy of the breath test source code, in case the manufacturer went out of business and software upgrades were needed.

Finding the best local DUI lawyer for your DUI prosecution case is extremely important. Very few DUI attorneys in GA know much about breath testing. Mr. Head and his affiliated GA DUI lawyers are all highly experienced criminal defense attorneys who focus on alcohol and drug cases. So, if you are facing a DUI breath test in GA and must fight your drunk driving case, Mr. Head and his TEAMDUI.com affiliates are thoroughly familiar with the breathalyzer used in GA, whether it is the Intoxilyzer 5000 or the Intoxilyzer 9000.

If you have been arrested for DUI in Georgia and took a GA breath test, you need a criminal defense lawyer who knows how to attack the GBI’s shoddy breath test quality assurance program. Our Georgia DUI lawyers know how to beat a breathalyzer test by use of implied consent challenges, through proof of breath machine malfunction, or by finding evidence of botched quarterly calibration checks.

Call the best GA DUI attorneys at TEAMDUI.com, toll-FREE at 1-844-832-6384, or email Mr. Head at wchead@teamdui.com.