Can a Faulty Breathalyzer Get My DUI Dismissed in Georgia?

Being charged with DUI based on a breathalyzer test can feel like an open-and-shut case. But breathalyzers are far from infallible, and their results can be successfully challenged in Georgia courts.

If you’re facing DUI charges based on breathalyzer evidence, knowing how to challenge potentially faulty results could make the difference between a conviction and a dismissal.

Will Georgia Courts Throw Out DUI Charges Based on Faulty Breathalyzer Results?

Yes, a faulty breathalyzer can lead to the dismissal of your DUI case in Georgia.

Under Georgia law, specifically O.C.G.A. § 40-6-392, chemical tests like breathalyzers must meet strict requirements to be admissible in court. If your attorney can prove the breathalyzer was faulty, improperly calibrated, or incorrectly administered, the test results may be deemed inadmissible.

Without reliable breathalyzer evidence, prosecutors often struggle to prove beyond a reasonable doubt that you were driving with a blood alcohol concentration (BAC) above the legal limit of 0.08%.

However, challenging breathalyzer results requires deep knowledge of both Georgia DUI law and the scientific principles behind breath testing.

Common Breathalyzer Flaws That Can Help Your DUI Case

Breathalyzers can be unreliable for numerous reasons. Here are the most common issues that can be leveraged in your defense:

1. Improper Calibration and Maintenance

In Georgia, breathalyzer devices must be regularly calibrated and maintained. Your attorney can request maintenance records to check if:

• The device was calibrated within the required timeframe
• Proper calibration procedures were followed
• The machine had a history of maintenance issues
• The device showed error messages during your test

If the breathalyzer wasn’t properly maintained according to manufacturer specifications and Georgia Department of Public Safety standards, your test results may be deemed unreliable.

2. Officer Error During Test Administration

Even a properly functioning breathalyzer can produce inaccurate results if the test isn’t administered correctly. Common officer errors include:

• Failing to observe the required 20-minute waiting period before testing (to ensure mouth alcohol doesn’t affect results)
• Not checking your mouth for foreign objects or substances
• Improper instruction on how to provide a breath sample
• Failing to conduct multiple tests to verify results
• Not being properly certified to operate the device

These procedural errors can significantly impact test accuracy and may provide grounds for challenging the results.

3. Medical and Physical Conditions Affecting Results

Certain physical and medical conditions can cause falsely elevated BAC readings:

• Gastroesophageal reflux disease (GERD) or acid reflux
• Diabetes (which can produce acetone, mistakenly read as alcohol)
• Hypoglycemia
• Dental issues that trap alcohol in the mouth
• High-protein, low-carbohydrate diets (producing ketones)
• Body temperature variations

If you have any of these conditions, your attorney may be able to argue that your breathalyzer results were artificially inflated.

4. Environmental and Chemical Interference

Breathalyzers can be affected by various external factors:

• Radio frequency interference (RFI) from police equipment
• Chemicals in the testing environment
• Recent use of alcohol-containing products (mouthwash, breath spray)
• Exposure to chemicals like paint, cleaning products, or gasoline
• Tobacco smoke or vaping residue

These interferences can cause the breathalyzer to register false positives or inaccurate readings.

What’s the Legal Process for Challenging Breathalyzer Results in Georgia?

Successfully challenging breathalyzer results in Georgia involves several strategic steps:

1. Filing Appropriate Motions

Your attorney will likely file a motion to suppress the breathalyzer evidence, arguing that the test results should be excluded due to unreliability, improper administration, or other issues. This typically happens during pre-trial proceedings.

2. Discovery Requests

Your attorney will request all relevant documentation, including:

• Breathalyzer maintenance and calibration records
• Officer certification records for operating the device
• The specific testing protocols used
• Video footage of your breath test (if available)
• Any notes or reports related to your testing

This information is critical for identifying potential issues with the breathalyzer or its administration.

3. Expert Testimony

In many successful challenges, defense attorneys bring in expert witnesses who can testify about:

• The scientific limitations of breath testing
• How specific medical conditions can affect results
• Technical issues with the particular breathalyzer model
• Proper testing protocols and how they were violated

Expert testimony can be particularly persuasive when explaining complex scientific concepts to judges and juries.

4. Challenging Implied Consent Procedures

Georgia’s implied consent law requires officers to read specific warnings before administering chemical tests.

If these procedures weren’t followed correctly, your attorney might challenge the admissibility of the test results on these grounds as well.

Frequently Asked Questions About Challenging Breathalyzer Results

Can I refuse a breathalyzer test in Georgia?

Yes, but there are consequences. Under Georgia’s implied consent law, refusing a post-arrest chemical test results in an automatic one-year driver’s license suspension. However, refusing does limit the evidence prosecutors have against you. This is a complex decision that should be discussed with an attorney.

How long do I have to challenge breathalyzer results?

Challenges to breathalyzer evidence typically must be made before trial through pre-trial motions. It’s critical to contact an attorney as soon as possible after arrest to preserve all defense options.

Will I need expert witnesses to challenge breathalyzer results?

Not always, but expert witnesses can significantly strengthen your case, especially for technical challenges involving calibration issues or medical conditions affecting results.

Can I still be convicted of DUI if the breathalyzer results are thrown out?

Yes, it’s possible. Prosecutors can still pursue a “DUI less safe” charge based on officer observations and other evidence. However, these cases are typically more difficult to prove without breathalyzer results.

Don’t Let a Breathalyzer Result Determine Your Future

A breathalyzer reading doesn’t have to be the final word in your DUI case. Georgia courts recognize that these devices can be flawed, and judges have thrown out countless cases based on faulty or improperly administered tests.

At J. Ryan Brown Law, we’ve helped many clients beat DUI charges by exposing problems with breathalyzer evidence. We dig into the details that matter—machine maintenance records, officer certification, testing protocols—and build strong defenses that get results.

Contact J. Ryan Brown Law today for a confidential consultation about your DUI case. Your case deserves a defense built on facts, not faulty machines.