Georgia law allows evidence of your numeric blood or breath alcohol level to be admitted into evidence at your trial, if the State can successfully meet the necessary requirements to have the test come in. When challenging the admission of a breath test from Georgia’s Intoxilyzer 5000, your attorney will need to know what to look for and how to best argue for the exclusion of your test based on the facts of your case. The Intoxilyzer 5000, like all machines, is not infallible. However, the Georgia law controlling the Intoxilyzer 5000 is very liberal, and allows many tests into evidence that could otherwise be inaccurate, if not challenged by your attorney.
Some common issues that I see in breath test cases, where the state is seeking to introduce your breath test results are:
- Physiological issues based on the test subject’s health conditions
- Calibration issues with the Intoxilyzer 5000 itself
- Operator error, usually the police officers not following mandated protocol
- Operational issues with the Intox 5000 not functioning properly
- Discovery issues where the state does not turn over information you should be entitled to in order to prepare your defense
Hire an attorney willing to explore all of these common issues with the breath test result in your case, if you plan on fighting your DUI. Remember, in Georgia there are really two types of alcohol-related DUI’s; the less safe DUI and the per se DUI. It does you no good to beat one of the two charges at trial, because you will still be just as guilty of a DUI if the other charge stands. In fighting a DUI with a breath test, your attorney will be forced to fight the Intoxilyzer 5000 result, while prosecutors, most judges, and most people in general would assume this breath test machine must always be right.