Georgia Breath Test

If stopped by an officer for driving erratically, driving without headlights, an incorrect lane change, or any other minor traffic infraction, a driver may be asked to submit to a Breathalyzer test. This breath test determines a driver’s level of intoxication, measured by the BAC (blood-alcohol content percentage).

The small hand-held device measures alcohol from infrared light passing through the machine. Georgia’s legal maximum blood-alcohol content level is.08. The officer asks the driver to blow into the breath testing machine for a long moment by placing the mouth around a tube. The driver is told when to stop blowing. The machine provides a result on the screen or on a printout.

The breath test can be administered roadside or at a detention center, at the officer’s discretion, while blood or urine tests can be administered at a health facility or a detention center.

Georgia has minimum mandatory penalties for drivers with a BAC above .08 percent or for refusing to submit to breath, blood, or urine testing for blood-alcohol content. In Georgia, for the first DUI offense the mandatory suspension is one year; for the second offense, three years; for the third offense, five years.

Breath testing is popular because it gives fairly accurate results and it is inexpensive. Police officers are National Highway Traffic and Safety Administration (NHTSA) trained to administer these tests properly.

If you are well aware that you have had too much to drink, a defense attorney prefers that you politely decline any requested tests. They can more easily defend your right to refuse the tests than attempt to reduce your charges of intoxication.

While there are many cries of ‘unfair’ as to using breath testing results as evidence at a DUI trial, most states do allow these results to be used against a suspect.

However, it is charged that breath testing machines are not always accurate. The reading can be influenced by products the driver may have had in the mouth prior to taking the test. Mouthwash, gum, and caffeine can all affect the readings. This means your attorney is likely to question the arresting officer’s training in the use of a breath-testing machine.

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