Breath test results often serve as the main piece of evidence in a Georgia DUI case. However, these results are not always accurate, and there are several ways to challenge them in court.
Knowing how to question the reliability of a breath test can make a major difference in the outcome of your case.
Improper use of the breath test device
The person giving the breath test must follow strict procedures. If the officer did not wait the required observation period before the test, the results may not reflect your true blood alcohol content (BAC). Georgia impaired driving law requires at least a 20-minute observation period to make sure that factors such as burping, vomiting or eating will affects the reading. Skipping this step can make the results unreliable.
Lack of proper device maintenance
The machine used for testing must be properly maintained and regularly calibrated. Georgia law requires official inspections and records of these checks. If the device did not receive regular service or if it showed signs of malfunction, the results may not be valid. Records of maintenance can help prove that the machine gave a faulty reading.
Medical or health conditions
Certain medical conditions can also affect the results of a breath test. For example, people with acid reflux or diabetes may produce mouth alcohol that increases the reading. Mouth alcohol gives a false high BAC level even if the person is not impaired. Georgia courts may consider these conditions if they help explain the test results.
Timing of the test
The timing of the breath test also matters. Alcohol takes time to absorb into the bloodstream. A person may have had a lower BAC while driving and a higher BAC when tested later. If the breath test happened long after the stop, it may not reflect the BAC at the time of driving.
To challenge the breath test, you can present records and expert testimony that show why the test is not reliable. Georgia courts allow these challenges, and they can weaken the DUI charges against you.