The Georgia Breathalyzer is Incorrect and Can Be Contested

There are many defenses for a DUI and this is true even if you “failed” the Georgia breathalyzer. In fact, the breathalyzer is incorrect and can be contested. So before you head to court to plead guilty, you must first speak with an experienced DUI defense attorney who understands the fallacies of this chemical test.

When a police officer administers a breath test, there are many things that can go wrong. The machines have to be calibrated and properly maintained and the police officer must also have received training on how to use that specific machine. But besides these basic problems, there are other fundamental issues with the breathalyzer.

The machine is designed to look for a molecule. The problem is, you are often exposed to chemicals that share this same molecule. For example, if you have a medical condition such as hypoglycemia or diabetes, your breath test results may read higher and can cause your blood alcohol content to appear to be over the state’s legal limit of .08%. That’s because the breathalyzer cannot distinguish the chemicals on your breath from ethanol, which is the alcohol they are trying to catch. You could also be exposed to these chemicals due to your job or even during the breathalyzer test on the side of the road where you were stopped by police.

If you suffer from one of these medical conditions or think you have been exposed to chemicals that may have altered your breath test results, it is important to share this information with your attorney. Even something as simple as a breath mint or mouthwash can skew your results since they both contain ethanol.

In addition, it is also imperative that the police officer administered your breath test correctly. If you blew into the machine for too long or too little, this can also have an affect on your breath test results. These machines have proven time and time again to be incorrect and it is the job of a skilled defense attorney to understand all of the problems with these machines.

When you are interviewing attorneys, be sure to ask them if they have received training on how the breathalyzer machines work.

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