Georgia DUI Breath Test

During DUI investigations in Georgia, police often use a breath test machine known as the Intoxilyzer 5000. This portable device helps police determine whether or not a person’s blood alcohol content is over the legal limit of .08%.

How does the breathalyzer determine the amount of alcohol found in a person’s blood?

That’s a very good question. The breath test is designed to measure the amount of alcohol found in a person’s lungs; it does not measure alcohol found in a person’s bloodstream. The Intoxilyzer 5000 uses infrared technology, which converts the amount of alcohol found in your breath into a blood alcohol content percentage.

In addition to the device not always being properly calibrated, there are many other issues associated with the breath test. For instance, the fact that the police officer must make you take the test twice so that they can ensure the results are within .02% of each other is a little disturbing to say the least. So many outside factors can affect your test results; one of those being that the officer was not properly trained on how to use the machine you were tested on.

Even chemicals in the air can affect your test results including paint fumes, vehicle exhaust, power surges and even cell phones. If you have a gum disease or had mints prior to taking the breath test, this can cause your BAC to appear higher. Diabetes, fever and even your body temperature are just some of the other factors that can affect your breath test results.

As you can see, there are many problems with the Intoxilyzer 5000. So don’t let “failing” a breath test stop you from hiring an experience DUI defense attorney. The Law Office of Larry Kohn is ready to review your case, and we will expose the flaws of the Intoxilyzer 5000 in court. You may be amazed at the number of weaknesses we can expose in the prosecution’s case against you. Remember, they hold the burden of proof, and they must convince a judge or jury beyond a reasonable doubt that you were guilty of DUI.