Georgia Breathalyzer Test

“Over the limit, under arrest”—if you’re a Lawrenceville driver, you’ve probably heard law enforcement officers use this expression at one time or another. But what exactly does it mean? Well, as you probably know, driving under the influence of alcohol (DUI) is not only dangerous, but a serious criminal offense. As a result, if you are arrested for DUI, you face severe criminal penalties—and in most cases, your arrest may have been based entirely upon your Georgia breathalyzer test results.



If an officer suspects you may be under the influence of alcohol, he or she may ask you to perform a breathalyzer. As its name suggests, a breathalyzer uses a person’s breath content to determine the amount of alcohol in his or her bloodstream. The ratio of blood to alcohol, in turn, is known as blood alcohol content, or BAC.

In Georgia, as well as the other 49 states, it is against the law to operate a vehicle if you have a BAC of 0.08% or higher. Due to the state’s implied consent laws, you are legally required to perform a breathalyzer if an officer should request one. In fact, the penalties for refusing to submit to breath testing are often more severe than the punishment for failing a breathalyzer.

There are a variety of breath testing devices on the market, and each state has its own laws specifying which model law enforcement must use. Georgia officers are required to administer breathalyzers on the Intoxilyzer 500. Unfortunately, this device is known to have flawed source code, and its results are often unreliable. Therefore, many drivers are able to successfully challenge their breath test results and prevent them from being used against them in court.



Your breath test results can also be challenged if the officer who administered the breathalyzer was not properly trained on the Intoxilyzer 5000 or failed to keep the device maintained properly. In addition, certain medical disorders—such as acid reflux disease and diabetes—can cause your BAC to rise, resulting in inaccurate breathalyzer results. Using mouthwash or even chewing gum can also produce a false BAC calculation. 

As you can see, there are many ways to challenge your Georgia breathalyzer test results. To determine the best strategy for your case, contact the Law Offices of Webb and Willis immediately after your arrest. Attorneys Lee Webb and Greg Willis will review your breath test results and find any potential flaws they can use to fight your DUI arrest and help you avoid a drunk driving conviction.

Remember, with the penalties for a DUI conviction often including fines, license suspension, and jail time, it’s imperative to have accurate breathalyzer test results—and with the Intoxilyzer 5000, you don’t always get them.

Don’t let one flawed device jeopardize your future. Contact the Law Offices of Webb and Willis today for a free consultation on your case. We’re available by phone, text, email, or Facebook, so there’s no better time than now to start working on your defense.

Call Us Today: (770) 239-1685

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