Breathalyzer Accuracy in Georgia DUI Cases: What You Need to Know

Driving under the influence (DUI) is a serious offense in Georgia, with stringent laws designed to deter impaired driving and enhance road safety. One of the most common tools used by law enforcement to detect and measure a driver’s blood alcohol concentration (BAC) is the breathalyzer. 

This device, while widely accepted and used, is not infallible. Understanding the accuracy of breathalyzers in Georgia DUI cases is crucial for those facing DUI charges and for their defense attorneys. This comprehensive exploration will delve into how breathalyzers work, factors affecting their accuracy, legal implications, and the role of defense strategies in challenging breathalyzer results.

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How Breathalyzers Work

Breathalyzers are designed to measure the amount of alcohol in a person’s breath, which is then used to estimate their BAC. When a person consumes alcohol, it enters the bloodstream and is eventually exhaled through the lungs. Breathalyzers use this exhaled breath to gauge the alcohol content. The most common type of breathalyzer employs infrared spectroscopy or electrochemical fuel cell technology to detect alcohol molecules. These devices provide a digital readout of the estimated BAC, which law enforcement uses to determine whether a driver is over the legal limit of 0.08%.

While the concept is straightforward, the process involves several scientific principles and assumptions. The ratio of alcohol in the breath to that in the blood is generally assumed to be 2100:1, meaning that 2100 milliliters of breath contains the same amount of alcohol as one milliliter of blood. However, this ratio can vary among individuals and is influenced by several factors, including body temperature, hematocrit levels, and the presence of certain medical conditions.

Factors Affecting Breathalyzer Accuracy

Several factors can affect the accuracy of breathalyzer results, potentially leading to false positives or incorrect BAC readings. One significant factor is the device’s calibration and maintenance. Breathalyzers must be regularly calibrated and maintained according to the manufacturer’s specifications to ensure accurate readings. If a device is not properly calibrated, it can yield incorrect results. This issue can arise from improper handling, lack of regular maintenance, or even environmental conditions such as extreme temperatures.

Another critical factor is the presence of residual alcohol in the mouth. Mouthwash, breath fresheners, certain medications, and recent consumption of alcohol can leave traces of alcohol in the mouth, which can skew the results of a breathalyzer test. Law enforcement officers are trained to observe a waiting period, typically around 15 to 20 minutes, to allow any residual mouth alcohol to dissipate before administering the test. However, if this waiting period is not observed or the person has conditions like gastroesophageal reflux disease (GERD), it can result in artificially high BAC readings.

Breathing patterns also play a role in breathalyzer accuracy. Hyperventilation, shallow breathing, or holding one’s breath can impact the concentration of alcohol in the breath sample. For instance, hyperventilation can lower the BAC reading, while holding one’s breath can increase it. Additionally, individual physiological differences, such as lung capacity and the rate of alcohol metabolism, can affect the accuracy of the readings.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

Legal Implications of Breathalyzer Results

Breathalyzer results carry significant legal weight in Georgia DUI cases. A BAC of 0.08% or higher is considered per se evidence of impairment, meaning that no additional proof is needed to establish that a driver was under the influence. This can lead to automatic administrative penalties, such as the suspension of a driver’s license, as well as criminal charges that may result in fines, jail time, and a permanent mark on one’s driving record.

However, the reliability of breathalyzer results can be challenged in court. Defense attorneys can question the accuracy of the device, the procedures followed during the test, and the qualifications of the person administering the test. In some cases, the prosecution may rely heavily on breathalyzer results to secure a conviction, making it imperative for the defense to meticulously scrutinize every aspect of the testing process.

Challenging Breathalyzer Results

Challenging breathalyzer results in Georgia DUI cases requires a thorough understanding of both the scientific principles behind the devices and the legal standards governing their use. Defense attorneys often begin by examining the maintenance and calibration records of the breathalyzer used in the arrest. If these records show lapses or irregularities, it can cast doubt on the accuracy of the results.

Another common defense strategy involves scrutinizing the administration of the test. Law enforcement officers must follow strict protocols when conducting breathalyzer tests, including observing the waiting period to ensure no residual mouth alcohol is present and properly instructing the individual on how to provide a breath sample. Any deviation from these protocols can be used to argue that the test results are unreliable.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Medical and physiological conditions can also be a basis for challenging breathalyzer results. Conditions such as GERD, diabetes, or hypoglycemia can affect breathalyzer readings. For instance, GERD can cause alcohol from the stomach to enter the mouth, leading to falsely high BAC readings. Similarly, individuals with diabetes can produce acetone, which some breathalyzers can mistake for alcohol.

Testimony can play a crucial role in challenging breathalyzer results. By presenting evidence from medical professionals, toxicologists, or breathalyzer technicians, the defense can highlight the potential inaccuracies and limitations of the device. This testimony can be instrumental in creating reasonable doubt about the validity of the breathalyzer results.

The Role of Defense Attorneys in DUI Cases

In Georgia, defense attorneys play a vital role in protecting the rights of individuals accused of DUI. Given the severe consequences of a DUI conviction, it is essential to have a knowledgeable and experienced attorney who can navigate the complexities of DUI law and challenge the evidence presented by the prosecution. Defense attorneys not only scrutinize breathalyzer results but also examine other aspects of the case, such as the legality of the traffic stop, the conduct of the arresting officers, and the accuracy of field sobriety tests.

By employing a multi-faceted defense strategy, attorneys can effectively challenge the prosecution’s case and seek to have the charges reduced or dismissed. This approach may include negotiating plea deals, seeking alternative sentencing options, or taking the case to trial if necessary. The goal is to achieve the best possible outcome for the client, whether that means avoiding a conviction, minimizing penalties, or preserving their driving privileges.

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The Importance of Legal Representation

Facing a DUI charge in Georgia can be overwhelming and intimidating. The legal system is complex, and the consequences of a conviction can be life-altering. Having a defense attorney is crucial in ensuring that your rights are protected and that you receive a fair trial. A knowledgeable attorney will not only challenge the evidence against you but also provide guidance and support throughout the legal process.

For those who are facing DUI charges in Georgia, it is important to remember that you have the right to legal representation. An experienced DUI attorney can help you understand your options, build a strong defense, and work towards the most favorable outcome for your case.

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Your DUI Defense Team

If you or a loved one is facing DUI charges in Georgia, it is essential to seek legal representation as soon as possible. The Willis Law Firm is dedicated to providing exceptional legal services to individuals accused of DUI. Our team of experienced attorneys understands the intricacies of DUI law and the importance of challenging breathalyzer results. We are committed to protecting your rights and helping you navigate the legal system. Contact the Willis Law Firm today to schedule a consultation and learn how we can assist you in defending your DUI case. Don’t face these charges alone — let us help you achieve the best possible outcome.