You blew into a breath machine, and the number on the screen came back over the legal limit. The officer told you that was that. But a breath test is only as reliable as the machine and the person using it.
In Georgia, breath test results can be challenged. One of the strongest ways is to look at whether the device was calibrated and maintained as the rules require. This post explains how breath tests work, why calibration and upkeep matter, other errors that can throw off a result, and what to do if you failed a test.
How Breath Tests Work in Georgia
A breath testing device does not measure the alcohol in your blood. It measures the alcohol in your breath and uses a formula to estimate your blood alcohol concentration, also called BAC. The estimate rests on several assumptions, such as the machine working properly, the sample coming from deep in your lungs, and alcohol being the only substance the device is picking up.
In Georgia, a BAC of 0.08 percent or higher is over the legal limit for most drivers who are 21 or older. Lower limits apply to commercial drivers and to drivers under 21. If you were arrested, the officer may have asked you to take a breath test at the roadside, at the station, or both.
Implied Consent in Georgia
Georgia has an implied consent law. In general, by driving on the road, you agree to take a chemical test if an officer has probable cause to ask. A refusal can lead to its own license penalties. Because of this, many people feel they had no choice but to blow. That does not mean the result cannot be challenged later.
Why Breath Tests Are Not Always Accurate
No. Breath tests are useful tools, but they are not perfect. The result depends on three things: whether the machine was kept in good shape, whether the officer ran the test the right way, and whether anything about your body or surroundings changed the sample. A small error at any step can push a reading higher than your real BAC.
A failed breath test does not mean a conviction. The State still has to prove its case beyond a reasonable doubt, and the breath number is often its strongest piece of evidence. Weaken that piece, and the whole case can change.
Why Calibration and Maintenance Matter
Every breath machine needs regular checks. Calibration means testing the device against a known sample to confirm it reads correctly. Maintenance means keeping it clean, repaired, and working. In Georgia, standards for these checks are set by the Georgia Bureau of Investigation, often called the GBI.
When a machine is not kept to those standards, its readings may not be dependable. Even a small drift can change a result by enough to matter, especially if your reading was close to 0.08.
Common Calibration and Maintenance Problems
Maintenance logs can show problems such as:
- Missed calibration dates that go against state requirements
- Failed quality control checks that were ignored
- A machine kept in use after a known malfunction
- Chemical solutions that were out of date
- Repairs that were not documented
A single calibration fault may affect many people tested on the same device, not just one. That is one reason records for the machine used in your arrest are worth requesting.
What Records a Defense Lawyer May Request
To look at the device, an attorney can ask for:
- Calibration and inspection records
- Maintenance and repair logs
- Quality control test results
- The printout from your test
- Records on the solutions used with the machine
- Software or device history, when available
If the paperwork has gaps, the State may have trouble showing that your result is reliable.
Officer Training and Testing Errors
Even a perfectly working machine can give a bad result when the person running it makes mistakes. Operators must be trained and certified. Common problems include:
- Not watching you for the required observation period before the test, which is 20 minutes
- Not checking your mouth for foreign matter or recent vomiting
- Giving unclear instructions about how to blow
- Using the device the wrong way
- Failing to write down the testing steps properly
The observation period matters because alcohol that sits in your mouth can inflate a reading. If an officer skipped it or got distracted, the number may not be accurate.
Video Can Show What Really Happened
Body camera video, dash camera footage, and the arrest report can reveal whether the officer followed the rules. Video may show the timing, what you were doing before the test, and whether the observation period was kept. If the paperwork says one thing and the video shows another, that gap can help your case.
Medical Conditions and Substances That Can Cause False Readings
Your body and what you recently put in it can change what the machine picks up. Examples include:
- Acid reflux and GERD, which can bring stomach contents into the mouth and throat
- Diabetes and ketosis, which can raise ketones in the breath
- Low-carb or ketogenic diets
- Asthma inhalers and some medicines that contain alcohol
- Mouthwash and breath sprays
- Dental work that traps alcohol in the mouth
Mouth Alcohol and Contamination
Mouth alcohol comes from the mouth, throat, or upper airway instead of the lungs. Burping, reflux, a recent drink, or a product with alcohol in it can cause it. This can make the number higher than the alcohol in your blood.
The Rising Blood Alcohol Defense
Alcohol takes time to enter the bloodstream. If you had a drink shortly before driving, your BAC may have still been rising. A test taken an hour later could show a higher number than you had while driving. A breath test shows one moment, not the whole picture.
When Other Evidence Does Not Match the Breath Test
Breath results do not stand alone. Other evidence can point the other way.
Field Sobriety Tests Can Contradict Breath Results
A person might do well on balance and walking tests and then have a high breath number. That mismatch can raise doubts about the reading, or about how the officer described your performance.
Blood Tests Can Expose Errors
A blood test may give a different number than a breath test. In one example, a breath result of .10 was followed by a blood result of .05. When two results do not agree, a lawyer can ask which one is more reliable and why.
Chain of Custody Problems
Chain of custody is the record of who handled a sample and how it was stored. If blood or other evidence was handled carelessly, labeled wrong, or not tracked, it can be hard to trust.
What Can Happen When Breath Test Evidence Is Excluded
If a judge decides the breath test cannot be used, the State may lose its main proof of a specific BAC. That does not guarantee a win, but it can change the result a great deal. Possible outcomes include:
- Dismissal of the case
- A reduced charge, such as reckless driving
- A not-guilty verdict at trial
- Avoiding mandatory jail time
- No license suspension, or a shorter one
- Less damage to your record and insurance rates
Each case is different, and your attorney can explain what is realistic in yours.
What to Do If You Failed a Breath Test
What you do in the days after an arrest matters.
Act on the License Deadline
A DUI arrest can start a separate license process called an Administrative License Suspension. It has a short deadline, often only days after the arrest. Check your paperwork and ask your attorney about the exact date. Missing it can mean losing your license even before your court case is decided.
Write Down What Happened
Record what you ate and drank, when you stopped, any medical conditions, how the officer gave the test, and how long you waited. Share these notes only with your lawyer.
Do Not Assume the Case Is Over
A failed test feels final, but it is only one piece of evidence. Do not plead guilty or talk to police without speaking to a defense attorney.
Get Evidence Saved Early
Machine records, body camera video, and dash camera video can be lost over time. A lawyer can send requests to keep them.
Why Legal Help Matters in a Breath Test Case
Challenging a breath test takes more than a hunch. It calls for knowledge of Georgia DUI law, an understanding of how the machines work, and experience in local courtrooms. A lawyer can read maintenance logs, spot problems in the officer’s steps, and decide whether to bring in an expert.
Frequently Asked Questions
Can a breathalyzer result be challenged in Georgia?
Yes. A result can be questioned through machine records, officer errors, medical conditions, mouth alcohol, and other issues. A challenge does not always succeed, but it can weaken the State’s case.
What records show whether a breath machine was calibrated correctly?
Calibration logs, maintenance and repair records, quality control results, and the printout from your test all matter. An attorney can ask for them before your case goes to trial.
Does a failed breath test mean I will be convicted?
No. The State must still prove its case beyond a reasonable doubt. Other evidence, such as video and field sobriety results, may not match the breath number.
What if I refused the breath test?
Refusing can bring its own consequences under Georgia’s implied consent law, including license penalties, and the refusal may be raised in your case. Talk to your attorney about what happened.
How soon should I talk to a lawyer?
As soon as you can. License deadlines are short, and evidence can be lost.
Talk to a Georgia DUI Defense Attorney About Your Breath Test
A number on a machine does not tell the whole story. If the device was not calibrated or maintained the way the rules require, or if the test was given the wrong way, your result may not hold up. Jarrett Maillet J.D., PC, can review the machine records, the video, and the steps taken in your arrest, and explain your options. Call 912-713-3426 for a free consultation to talk about your case before important evidence is lost.
