When you think of someone being arrested for driving under the influence, one of the first images that may come to mind is that of a driver being asked to take a Breathalyzer test. In addition to standardized field sobriety tests, the Breathalyzer is one test that the officer will ask you to take.
In Georgia, the primary test that is used to determine a driver’s BAC (blood alcohol content) is a breath test. Blood and urine tests may also be requested, but their use is not as common as a breath test. Blood and urine tests must be administered in a medical setting or in a detention center.
In Georgia, the Intoxilyzer 5000 is most frequently the device that is used.
The breath test may be given at the location of the traffic stop or in a detention center. Refusing to take a breath test automatically results in a driver’s license suspension.
It is important to understand that these breath-testing devices are not infallible. There are many areas in which these devices fail. For example, the Intoxilyzer 5000 has problems determining whether or not the alcohol that it measures is from the driver’s mouth or BAC. Tobacco products, breath mints, and denture adhesives may result in a false test reading. This is extremely critical with drivers under the age of 21 who may be arrested with a BAC of 0.02 percent or higher.
Physical problems and medical ailments may also produce a false reading. People with gastric reflux, dental conditions (such as gum disease), and respiratory problems may not be good candidates for breath testing.
The Intoxilyzer 5000 is also only as good as the operator. Improper training of police officers on this device is one of the causes of a false high reading. Any experienced defense attorney will question the arresting officer about his or her training on the Intoxilyzer 5000.
So you have to ask yourself – is it smart to rely on a test that has so much potential for false results?
