If you’ve been arrested for a Georgia DUI, a breath test will likely be administered unless you’ve sustained injuries requiring medical attention, in which case a blood test may be conducted instead. Understanding how breath tests work and their potential flaws can be key to building a strong defense against DUI charges.
Common Issues with Georgia Breath Tests
- Machine Maintenance and Calibration
Georgia law mandates regular calibration of breath testing machines. If a machine hasn’t been calibrated properly or within the required timeframe, its results may be inadmissible in court. Breathalyzer devices also need thorough inspections for issues like unstable voltage, which can lead to false results. A detailed review of the machine’s maintenance records is critical in DUI defense. - Operator Error
For breath test evidence to be admissible, the officer administering the test must:- Read you the Implied Consent Warning.
- Follow proper procedures when operating the breath testing device.
Any deviation from these requirements could invalidate the results.
- Medical Conditions Affecting Results
Certain medical conditions, such as GERD or acid reflux, can produce falsely high breath alcohol levels. These conditions may cause residual alcohol in the stomach to be expelled as you burp or hiccup. Since this alcohol hasn’t entered your bloodstream, it doesn’t affect your actual blood alcohol content (BAC), but the breathalyzer may still register it as part of your BAC.
Defense Strategies for Breath Test Results
Savannah DUI attorney Simon Peed will meticulously review the details of your arrest, the maintenance records of the breathalyzer machine, and the circumstances under which the test was administered. Simon can challenge the accuracy of your test results and work to have them excluded as evidence if errors are found.
