The State of Georgia requires DUI subjects to submit to a blood, urine or Breath test. Refusal to submit to such a test can result in license suspension. However, prior to taking Georgia 's Breath test, law enforcement officers must advise the subject of their rights, including the right to independent testing. An arresting officer's failure to properly provide notice of such rights during a DUI is a basis for having the test results kept out of evidence at your trial.
The Intoxilyzer 5000 Breathalyzer is the current breath-testing machine used for DUI testing in Georgia. Although the device is sophisticated and has the potential for accuracy and reliability, it rarely lives up to that promise. Design flaws, combined with the Georgia Bureau of Investigation's selection of features on the device and the rules governing its use in Georgia make the Intoxilyzer 5000 Breathalyzer prone to inaccuracy and unreliability. Consequently, there are many ways to challenge the prosecution's Breath test evidence in your Georgia DUI case.
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Known Intoxilyzer 500 Flaws
Studies have shown that the proximity of the Intoxilyzer 5000 Breathalyzer to other devices emitting radio waves may cast doubt on its accuracy. Studies also show that the Intoxilyzer 5000 Breathalyzer is incapable of differentiating between alcohol in a subject's mouth and blood alcohol, and that the Intoxilyzer 5000 Breathalyzer DUI Breath test does not always make a distinction between alcohol and other contaminants, including smokeless tobacco, denture adhesives, mints, and lip balm.
A person's physical condition, or exposure to certain substances, may also cast doubt onto the accuracy of DUI Breath tests given by the Intoxilyzer 5000. For example, a person suffering from diabetes, esophageal hernia, heartburn, liver disease, or other illnesses may get inaccurate results from an Intoxilyzer 5000 Breathalyzer DUI Breath test. The same can be said of people with certain diets, or those on certain medications. Hyperventilation or sitting in certain positions may also cause sample error on a DUI Breath test. Further, the subject's exposure to certain chemicals such as acetone may result in an inaccurate DUI Breath test result.

Flawed Intoxilyzer 5000 Breathalyzer Features and Maintenance Techniques
Aside from the Intoxilyzer 5000's inherent problems, the Georgia Bureau of Investigation has promulgated regulations and a maintenance plan that lead to further inaccuracy and unreliability. Such problems are targets for defense lawyers at DUI trials.
Despite the option to purchase Intoxilyzer 5000 Breathalyzer machines programmed to automatically perform calibration checks after each test, the State of Georgia decided to only have the devices inspected four times a year. Test samples from such inspections are not preserved; so proper calibration at the time of the inspection cannot be verified. Although an Intoxilyzer 5000 Breathalyzer has the capability of filtering out interfering substances such as toluene, acetaldehyde, and acetone, routine inspection only includes testing for acetone filtration.
The Intoxilyzer 5000 Breathalyzer can interface with computers, which could be used to maintain a complete record of Breath tests performed by each device. Such information would be invaluable in determining a device's trend of error. However, the Georgia Bureau of Investigation has chosen to ignore such information rather than maintain a database that could establish innocence in DUI cases for large numbers of Georgia drivers.

Training for Georgia Officers
Georgia 's Law enforcement officers often lack proper training in the use of the Intoxilyzer 5000. Georgia officers generally receive minimal training in the use of the device, so inquiry into the officer's knowledge on the Intoxilyzer 5000 Breathalyzer may be helpful to your case.
Nobody in Georgia has the expertise to repair an Intoxilyzer 5000 Breathalyzer Breath testing device. Repairs must be performed by the manufacturer. Georgia law enforcement officers, including those "inspectors" who certify the proper operation of the machines, do not know how they work. This poses both an enhanced risk of wrong test results, and ammunition for your lawyer.

You can win!
It is likely that the Intoxilyzer 5000 Breathalyzer produced an erroneous test result in your case. It is your lawyer 's responsibility to have that evidence suppressed, if proper grounds are present, or show the judge or jury that the Intoxilyzer 5000 Breathalyzer device was not operating properly when the police conducted your Breath test.
Success! Read cases where Charles L. Webb Inc. has successfully overturned DUI convictions based on information gathered from faulty Breath tests. Then call us at 770-455-1350 for the best DUI consultation in Georgia!