By 
A breath test result often feels like the final word in a DUI case. A number prints out, and many drivers assume there’s nothing left to argue. In reality, breath testing depends on equipment, procedures, and human judgment, and each of those can fail. Understanding how breath tests work in Georgia helps explain why a result isn’t always as reliable as it looks.
How Breath Testing Works in Georgia
There are usually two different breath tests in a Georgia DUI investigation:
- The roadside preliminary test, taken on a small handheld device, mainly used to help the officer decide whether to arrest
- The state-administered test, given after arrest on an approved instrument such as the Intoxilyzer 9000, which produces the number used in court
Breath machines don’t measure blood alcohol directly. They estimate it from the alcohol in a breath sample using a fixed conversion ratio. Because every body is different, that estimate may not match what’s actually in a person’s blood.
Legal Requirements for a Valid Breath Test
For a state-administered breath result to be admissible, several conditions generally need to be met:
- The test must be performed on an instrument approved by the Georgia Bureau of Investigation
- The operator must hold a valid permit to run the machine
- The instrument must be in good working order and properly inspected
- The driver must give two adequate breath samples that closely agree with each other
- The officer must properly advise the driver under Georgia’s implied consent law
When any of these requirements isn’t met, the defense may be able to challenge the result.
Common Reasons Breath Results Can Be Inaccurate
Medical Conditions
Some health conditions can affect breath readings. Acid reflux and GERD can bring alcohol from the stomach into the mouth, while diabetes and certain low-carbohydrate diets can produce compounds that some devices may misread.
Residual Mouth Alcohol
Mouthwash, breath sprays, recent burping, or dental work that traps residue can leave alcohol in the mouth. That can inflate a reading well beyond the actual level in the bloodstream. Officers are expected to observe the driver before the test to reduce this risk.
Machine Maintenance and Records
Breath instruments require regular inspections, and their records can reveal gaps, errors, or prior malfunctions. A result from a machine with questionable maintenance history deserves close scrutiny.
Rising Blood Alcohol
Alcohol takes time to absorb. A person’s level can still be rising when they’re tested at the station, even if it was lower while they were actually driving.
Your Right to an Independent Test
Georgia law allows a person who submits to the state’s test to request an additional, independent test by a qualified person of their choosing. Officers are required to reasonably accommodate that request. If they don’t, it may be possible to challenge the state’s result.
How Breath Test Challenges Play Out in Court
Challenging a breath result usually starts with gathering records. When fighting a breathalyzer result in Cobb County, a defense attorney will typically request:
- Inspection certificates and maintenance logs for the instrument
- The operator’s permit and training records
- Video from the testing room and the traffic stop
- Printouts showing both breath samples and any error messages
- Documentation of how the implied consent notice was read
If those records reveal problems, the defense can ask the court to exclude the result or limit how much weight it carries.
When the Breath Test Isn’t the Whole Case
Georgia prosecutors can pursue a DUI charge in more than one way. A “per se” charge relies on a result at or above the legal limit, while a “less safe” charge relies on evidence that a driver was impaired to the point of being unsafe. Even if a breath test is thrown out, the state may still try to prove impairment through driving behavior, field sobriety tests, or officer observations. That’s why a complete defense looks at the entire case, not just the number.
Working With a Local Defense Attorney
A Marietta DUI lawyer who regularly handles impaired driving cases understands how breath testing records are kept and where errors tend to appear. Cases from Marietta are often heard in the Marietta Municipal Court or the State Court of Cobb County, and knowing how those courts treat testing challenges helps shape strategy.
Questions to Raise With Your Attorney
- Were both breath samples within the required range of each other?
- Was the instrument properly inspected before my test?
- Did the officer observe me long enough before testing?
- Did I ask for an independent test, and was that request honored?
Speaking with a Marietta DUI lawyer early gives you time to secure these records before they become harder to obtain.
Comments