I really would like to know why Georgia persists in using breathalyzers to determine Blood Alcohol Content, while courts in other states have desisted or are questioning the accuracy of these devices and whether results obtained should be admissible. Georgia still uses the Intoxilyzer 5000 even though it is well known to be one of the most flawed breath testing devices in the market. It is known to have mechanical problems and an unreliable source code calculating the BAC. The new machine, the Intoxilyzer 9000, faces many of the same issues.
Many people arrested for a DUI in Georgia are asked to take a breathalyzer test to determine their blood alcohol content (BAC), under the Implied Consent Law. A refusal by the driver to give a chemical test of blood, breath, or urine will result in an automatic license suspension.
If you have been charged with a DUI based on Breathalyzer readings, there is still hope for your future. Many of the following arguments will be raised by your attorney to question the accuracy of breathalyzer machines and motion for those results to be inadmissible, thus weakening the prosecution’s case against you.
1. Breathalyzers do not make a distinction between alcohol and other substances such as mouthwash, mints, or lip balm and result in falsely elevated breath samples.
2. The Intoxilyzer 5000 is knowns to pick up radio waves from other devices, like computers and cell phones, which interefere with its accuracy.
3. Certain medical conditions such as acid reflux, diabetes, esophageal hernia, or other illnesses can result in elevated readings. Also a person with asthma or bronchitis for example, may not be able to blow a full lung’s worth of air into the machine.
4. The Intoxilyzer 5000 machine must be calibrated routinely for accuracy, which in Geogia, is done four times a year. Therefore any problems with the machine will not be known until the next checkup.
5. Georgia officers receive only minimal training in breathalyzer machine use, and it is very likely that the test is not administered correctly.
While many law enforcement agencies in Georgia are in the process of switching over to the new Intoxilyzer 9000, this is done on a police agency by police agency standard. This piecemeal approach will likely lead to a delay in a uniform breath testing system existing in the entire State of Georgia. While the Intoxilyzer 9000 has undergone many changes to assist it with some of the errors the Intoxilyzer 5000 encountered, the Intoxilyzer 9000 is still not 100% scientifically accurate or reliable. Attorney Doug Chanco is one of the Georgia attorneys who has received training on the Intoxilyzer 9000 and how it works and operates.
If you are charged with a DUI in Georgia, call The Law Offices of Douglas B. Chanco Today! We will fight for your rights and future. Remember, an arrest does not have to end in a conviction! Call us today at 1-855-9-ATL-DUI.