It may be possible to challenge the results of a breathalyzer test in Georgia if the testing device was improperly calibrated, the officer failed to follow the required procedures, medical conditions impacted the reading, or other factors compromised the accuracy of the test. If this represents your circumstances, you may wonder if there is any way to challenge the outcome of a breathalyzer test, as these tests can play an integral role in the prosecution of DUI cases in Cobb County and the surrounding Atlanta metropolitan area. The following blog explores what you should know about these circumstances and the importance of discussing your circumstances with a Cobb County DUI lawyer.
How Does a Breathalyzer Device Work?
When you are suspected of driving under the influence, you can be pulled over by the police and asked to take a breathalyzer test. First and foremost, it’s important to understand that Georgia, like all states, has implied consent laws. Essentially, this means that by driving on Georgia roads, you automatically consent to chemical testing. Refusal to participate in a breathalyzer test can result in the suspension of your license.
As such, if you are asked to take a breathalyzer, it’s important to understand how these devices work. Generally, you will blow into a tube attached to the device. If there is ethanol on your breath, it will react with a catalyst in the device, resulting in an electric current. The strength of the current will produce a reading of your blood alcohol concentration (BAC).
Generally, if your BAC is at or over the legal limit of 0.08%, the prosecution can pursue a per se DUI charge, though the specific facts and circumstances of the case can impact how the matter proceeds in court. However, if your BAC is below the legal limit but the officer determines that you are still under the influence, you can still face charges.
Can the Results of a Breathalyzer Be Wrong?
Despite how widely used breathalyzer devices are by law enforcement in Cobb County and across Georgia, these devices are not perfect. As such, a number of factors can impact the accuracy of a breath test result.
Common Reasons Breathalyzer Results May Be Challenged
- Improper device calibration
- Failure to adequately maintain the device
- Administrative errors by the officer conducting the test
- Failure to adhere to Georgia testing procedures
- Mouth alcohol contamination
- Certain medications or medical conditions
- Chain of custody errors
- Environmental interference
When considering whether the results of a breathalyzer can be challenged, courts and attorneys in Cobb County and the surrounding Atlanta metropolitan area will often consider four primary issues: the accuracy of the testing device, compliance with testing procedures, the qualifications of the officer administering the test, and any medical or environmental factors that may have impacted testing.
Is It Possible to Challenge Breathalyzer Test Results in Georgia?
If you participate in a breathalyzer test and have reason to believe the results were incorrect, you may want to challenge the outcome. However, if you wish to do this, it’s critical to connect with an experienced attorney to assist you through these difficult matters.
Generally, the first thing your attorney will do is examine the arrest record to determine if there were any procedural errors that occurred in the administration of this test. If there were, your attorney could bring this to the attention of the court and fight to have it excluded, as it can influence the outcome of your test results.
In addition, your attorney may want to examine the device used to determine if it is functioning properly and calibrated correctly. If the device is malfunctioning, it can skew the results of your test.
What Medical Conditions Can Impact a Breathalyzer Reading?
It’s also important to understand that you may be eligible to challenge the outcome of the results if you have certain medical conditions.
Medical Conditions Linked to False or Inflated Breath Test Results
- Acid reflux
- Gastroesophageal reflux disease (GERD)
- Diabetes
- Certain liver conditions
- Some digestive conditions
- Dental appliances that trap alcohol residue in the mouth
For example, if you suffer from acid reflux or diabetes, these conditions may skew the test results to make it appear as though you have alcohol in your system or your BAC is much higher than it actually is.
In some cases, acid reflux or GERD can cause alcohol from the stomach to enter the mouth, resulting in “mouth alcohol.” This can result in an artificially increased breath test reading.
What Evidence Can a Cobb County DUI Lawyer Review to Challenge a Breath Test?
When facing a DUI in Georgia, working with an attorney is critical, as they can investigate the DUI arrest and testing procedure to determine if the results of a breathalyzer test can be challenged.
Commonly Reviewed Evidence
- Police body-camera footage
- Arrest reports
- Breathalyzer maintenance logs
- Device calibration records
- Officer certification records
- Testing procedures utilized during the stop
- Documentation of the observation period
- Witness statements
- Medical records, if relevant
Why Calibration Records Matter
Breath-testing devices require routine inspection, maintenance, and calibration. If records reveal that a device was improperly maintained in accordance with required standards, the information gained from these is deemed unreliable.
Contact an Experienced Cobb County DUI Attorney Today
Fighting a DUI charge can be difficult in Cobb County, Marietta County, and the surrounding Atlanta metropolitan area. However, when you work with an experienced DUI attorney with Miller Law Practice, our team will explore all potential avenues to help you challenge your DUI and get your life back on track. Contact us today to learn how we can fight for you.
