If you have been arrested for DUI, it is likely that you were asked to submit to a breath test. The device used for that breath test is the Intoxilyzer 9000. All agencies were required to switch from the Intoxilyzer 5000 to the Intoxilyzer 9000 by December of 2015. While this is the upgraded version, it is still a machine that comes with many problems. Even if you blew over the limit on the Intoxilyzer, do not think your case is over and you should just plead guilty! There are numerous ways our Georgia DUI Lawyers can dispute the results of the Intoxilyzer and save your future. Call us now for a free no-obligation case evaluation and see how we will fight for your rights!
How to Fight the Intoxilyzer 9000 in Georgia DUI Cases
Breathalyzer tests are used more than any other method to determine blood alcohol content (BAC) in Georgia. The Intoxilyer 9000 is a portable, lightweight breathalyzer that provides quick results as to your BAC limit. Drivers use this device by blowing into it.
The BAC limit in Georgia is .08%. This is very concerning considering the significant problems with the breathalyzer tests. We have clients call us all the time after they have blown over the limit according to the Intoxilyzer and think they don't have any options. Some of the ways our Georgia DUI Defense Lawyers can fight for you include:
- Residual alcohol. One of the problems with the Intoxilyzer is that it is unable to tell whether it is detecting alcohol or residual alcohol. If you had recently used mouthwash, that could show up on the Breathalyzer. Other substances that could affect the machine include tobacco, mints, lip balms, dentures, and braces.
- Lack of proper administration. Proper administration is critical for reliable results. However, many officers are not adequately trained on how to administer the device, and therefore, the results are skewed.
- Lack of proper maintenance. These devices have to be maintained and logs have to be kept of all updates and maintenance performed. A lack of evidence that the device is up to date can lead to a suppression of any evidence obtained from it.
- Medical conditions. Some types of medications can confuse the Intoxilyzer and lead to a high BAC reading. For instance, someone with diabetes who follows a low-carb diet could give a high BAC reading because of the acetone in their diet. Other conditions that could cause the Intoxilyzer to give an inaccurate reading include heartburn, fever, and liver disease. If this applies to you, contact our DUI Intoxilyzer Defense Attorneys in Georgia now.
- Comparing the breath test to video cam footage. In Georgia, police officers now have body cams. If you blew way over the limit on the breathalyzer but the video cam footage shows you walking normally, talking clearly, a jury will likely see that as a problem with the device.
These are just a couple ways that we will work to discredit the breathalyzer results. To protect you in court, our lawyers will file pre-trial motions that will prevent any illegal evidence from being admitted in court. At The Law Offices of Richard S. Lawson, Richard has taught multiple classes on DUI breath tests and thoroughly understands the breath test machine. As a former prosecutor, he can predict what the State's arguments will be because he was once in their shoes. Our skilled legal defense team will pursue every possible defense for you!
Contact Us Today
Remember that blowing over the limit on the breathalyzer does not equal a conviction! There are lots of steps in between and our Georgia Breathalyzer DUI Attorneys are skilled at protecting you! Contact us today for a free case evaluation