How Do Lawyers Challenge Breath Test Results in Georgia?

Just because the machine says you were over the limit doesn’t mean the case is closed. Breath test results can be challenged, and in Georgia, they often are.

From how the test was administered to whether the device was properly calibrated, there are several ways to poke holes in what the prosecution wants to treat as solid evidence.

If you’re facing DUI charges based on a breath test, understanding how these challenges work could be the difference between a conviction and a dismissal.

Breath Tests in Georgia DUI Cases: What You’re Up Against

When police pull you over for suspected DUI, Georgia’s implied consent law kicks in. This law says that by driving on Georgia roads, you’ve already agreed to submit to chemical testing if an officer has probable cause to believe you’re impaired.

The officer will typically ask you to blow into a portable breath test at the roadside, then again on a larger machine at the station if you’re arrested.

How Breath Testing Devices Work (And Why They Fail)

These machines measure your blood alcohol concentration (BAC). In Georgia, you’re considered legally impaired if your BAC is .08% or higher.

The breath testing devices used by Georgia law enforcement are supposed to measure the alcohol in your breath and convert that into a blood alcohol reading.

The problem? A lot can go wrong between your breath sample and that final number the prosecution wants to use against you.

Machine Calibration and Maintenance Problems

Breath testing devices need regular maintenance and calibration to work properly. The Georgia Bureau of Investigation sets strict requirements for how often these machines must be checked, cleaned, and calibrated.

We review maintenance logs for every breath testing device our clients encountered. These records often reveal:

• Missed calibration dates that violate state requirements
• Failed quality control checks that were ignored
• Machines used despite known malfunctions
• Expired chemical solutions that affect accuracy

One faulty calibration can skew results across dozens of DUI arrests. If the machine that tested you wasn’t properly maintained, those results may be inadmissible in court.

Officer Training Violations That Destroy Cases

Not every police officer can legally administer a breath test in Georgia. Law enforcement must be trained and certified to operate these devices. Even trained officers make critical mistakes that can invalidate your test results.

Common officer errors include:

• Failing to observe you for the required 20-minute period before testing
• Not checking your mouth for foreign substances or recent vomiting
• Administering the test incorrectly due to poor training
• Failing to document the testing procedure properly

That 20-minute observation period exists for a good reason. Mouth alcohol from burping, vomiting, or even using mouthwash can cause falsely elevated readings.

Video Evidence Proves Officer Mistakes

Officers are supposed to watch you continuously before the test to ensure nothing contaminates the breath sample. So, we obtain these types of evidence during your stop:

• Body camera footage
• Dash camera recordings
• Arrest reports

The aim is to document exactly what happened. When officers skip required steps or rush through procedures, their mistakes become our ammunition in court.

Medical Conditions and Substances That Cause False Positives

Your body chemistry can trick a breathalyzer into reporting falsely high BAC readings. Certain medications, medical conditions, and even diet choices interfere with breath test accuracy in ways most officers never consider.

Medical factors that affect breathalyzer results:

• GERD and acid reflux that bring stomach alcohol into your mouth
• Diabetes and ketosis that produce acetone breath similar to alcohol
• Low-carb or ketogenic diets that trigger false readings
• Asthma inhalers and other medications containing alcohol
• Dental work that traps alcohol in your mouth

Breathalyzer machines can’t tell the difference between alcohol from drinking and compounds your body produces naturally.

Blood Tests, Field Sobriety Tests, and Contradicting Evidence

Breath tests aren’t the only evidence in a Georgia DUI case. Prosecutors often rely on field sobriety tests, blood test results, and officer observations. Smart DUI defense means comparing all this evidence to find contradictions.

Field Sobriety Tests Often Contradict Breath Results

Officers claim these roadside exercises prove impairment, but medical conditions, injuries, fatigue, and nervousness cause people to “fail” these tests while completely sober.

When your performance on field sobriety tests doesn’t match your breath test results, something’s wrong.

Blood Tests Can Expose Breathalyzer Errors

Blood tests are more accurate than breath tests, but they’re not perfect either. We’ve handled cases where a breath test showed .10% but a blood sample taken shortly after showed .05%.

That’s a massive discrepancy that raises serious questions about the breathalyzer’s reliability.

Chain of Custody Problems Destroy Chemical Test Evidence

Chemical tests must follow strict chain of custody rules. When different test types contradict each other, we use those inconsistencies to weaken the prosecution’s case.

What Happens When Breath Test Evidence Gets Excluded

Getting breath test evidence excluded changes everything. Without that BAC number, the prosecution loses its strongest piece of evidence. Most DUI cases rely heavily on breath test results. Take that away, and their case crumbles.

Successful challenges can lead to:

• Complete case dismissal when the state can’t prove impairment without the breath test
• Charge reduction from DUI to reckless driving, which carries far less serious consequences
• Not guilty verdicts at trial when judges and juries find reasonable doubt without breath test evidence
• Avoided mandatory jail time that comes with DUI convictions in Georgia
• No license suspension or shortened suspension periods
• Protection of your criminal record from a permanent DUI conviction
• Lower insurance rates compared to the massive increases after DUI convictions

The Administrative License Suspension hearing happens separately from your criminal case and works on a tight deadline. Challenging your license suspension protects your driving privileges while the criminal charges are pending.

Why Breath Test Defense Georgia Cases Require Legal Representation

Challenging breath test results takes more than pointing out that the machine might be wrong. It requires knowledge of Georgia DUI law, scientific principles behind breath testing, and courtroom experience with local prosecutors and judges.

DUI defense isn’t about finding technicalities. It’s about holding the state to its burden of proof. The prosecution must prove every element of a DUI charge beyond a reasonable doubt.

When breath test results are unreliable, they can’t meet that burden.

Breath Test Results Aren’t The Final Word

Breathalyzer machines fail, officers make mistakes, and people get arrested based on faulty evidence every day. If you’ve been charged with DUI in Georgia, those breath test results might not survive serious scrutiny in court.

We’ve built our practice around defending people who feel overwhelmed by the criminal justice system. Call us for a consultation, and let’s talk about your case and defense.

The prosecution has to prove its case, and we know how to challenge every piece of evidence they bring.