Breath Test Defense in Atlanta

Tenacious Atlanta DUI Lawyer

To produce a valid breath alcohol content (BAC) reading, tests must follow a strict set of rules. Only trained personnel are allowed to conduct the test, the equipment used must be up to par, a certain wait period must be observed before taking the test, and multiple tests should be taken. Also, the ambient air must be tested first, and the machine must be fully calibrated.

Too often, undeserved DUI charges are filed against someone because a mistake was made in the breath test. The experienced Atlanta DUI attorneys at Thomas & Willis, LLC have found errors in breath tests and overturned DUI charges for decades. Find out how they can help you beat your charge when you call the firm now!

Did you refuse a breath test?

If you refused to take a breath test, or if you were mistakenly said to have refused the test, you face automatic driver's license suspension. You urgently need a gifted DUI attorney to handle your case. There may still be a way to counter the officer's testimony or achieve a plea bargain.

Did you fail a breath test?

Whether a failed breath test involved the dated Intoxilyzer 5000 or the Intoxilyzer 9000, the BAC reading could have been erroneous due to poorly calibrated machinery, inadequately trained officers, or even a medical condition.

Are Breathalyzer tests reliable?

The Intoxilyzer 5000

There is a substantial body of evidence that the antiquated breath test machine known as the Intoxilyzer 5000 is faulty. This equipment is known to have considerable margins of error, and the equipment is calibrated infrequently, throwing the results of such tests into sharp question. But because of tight budgets, Georgia is only one of a few states to still use this machine.

Here are some of the reasons someone could fail a breath test without actually being impaired:

  • Diabetes
  • Heartburn
  • Esophageal Hernia
  • Liver Disease

Numerous other medical conditions could be the real reason a breath test was failed. Even cough syrup, chewing gum, or breath spray can trigger a mistakenly high reading. In fact, more than a decade ago, a toxicology journal found that simply rinsing one's mouth with an alcoholic solution could yield a significantly higher BAC reading than swallowing alcohol could.

The Intoxilyzer 9000

The Intoxilyzer 5000 is finally being transitioned out, and the Intoxilyzer 9000 is supposed to be the only breath test equipment used by December 31, 2015. The same stringent rules apply for conducting the test, however, and only trained professionals with an Intoxilyzer 9000 permit should be performing these breath tests. Of course, this newer equipment can still malfunction in ways similar to its predecessor, and an updated machine cannot make up for human errors.

Find out how AV® rated attorneys can fight for your rights and challenge a breath test when you fill out a free case review today!