Challenging Breathalyzer Results in a Georgia DUI Case

Defending Against Faulty DUI Evidence

A failed breathalyzer test doesn’t automatically mean you’re guilty of driving under the influence (DUI) in Georgia. Breath tests can be inaccurate, and errors in administration or equipment calibration can skew results. If you’ve been charged with DUI based on a breathalyzer test, you have legal options to challenge the evidence and fight for your rights.

At Garner Law Office, P.C., we defend drivers in Carrollton, Dallas, Hiram, and throughout Georgia against unfair DUI charges. We know how to challenge faulty breath test results and expose police errors or unreliable evidence.

Ways to Challenge a Breathalyzer Test in Georgia

If you were charged with DUI based on a breath test, a skilled DUI defense lawyer can challenge the results using various strategies, including:

01

Improperly Administered Test

If the officer failed to follow proper breath test procedures, the results can be ruled inadmissible.

02

Machine Calibration Issues

If the breathalyzer wasn’t properly maintained or calibrated, the test results may be inaccurate.

03

Unlawful Traffic Stop

If the officer didn’t have reasonable suspicion to stop you, the DUI evidence could be thrown out.

04

Rising Blood Alcohol Defense

Your BAC rises over time—meaning it may have been below the legal limit while driving but increased by the time you were tested.

04

Alternative Explanations for BAC Reading

Health conditions like acid reflux, diabetes, or ketosis can produce false positives.

What Happens If You Refuse a Breathalyzer in Georgia?

Georgia has an implied consent law, meaning that by driving, you agree to submit to chemical testing (breath, blood, or urine) after a DUI arrest. If you refuse a breathalyzer test after arrest, you face:

  • Automatic License Suspension – First refusal results in a one-year license suspension.
  • No Limited Driving Permit – You cannot apply for a hardship or work permit if you refuse.
  • Prosecutors Can Use Refusal Against You – Your refusal may be used as evidence in court.

However, refusing a preliminary breath test (PBT) before arrest is not mandatory and does not carry automatic penalties.

Frequently Asked Questions

  • Can a DUI Be Dismissed If the Breathalyzer Test Was Inaccurate?

    Yes! If your lawyer can prove that the breathalyzer was faulty, improperly administered, or miscalibrated, the court may throw out the test results—which can weaken or dismiss the DUI case against you.

  • What If I Took a Blood Test Instead of a Breathalyzer?

    Blood tests are more accurate, but they still require proper handling, storage, and testing procedures. Errors in lab testing can lead to false results, which can be challenged in court.

  • Can I Still Be Convicted of DUI Without a Breathalyzer Test?

    Yes, but the prosecution will need other evidence, such as field sobriety test results, officer observations, or witness statements. Without a breath test, fighting the charge becomes easier.

  • Should I Refuse a Breathalyzer Test?

    It depends. Refusing the test avoids providing direct BAC evidence, but it results in an automatic license suspension. If you took the test and failed, there may still be ways to challenge the results.

  • Do I Need a Lawyer If I Failed a Breathalyzer Test?

    Absolutely! A failed breath test does not guarantee a conviction. An experienced DUI defense lawyer can challenge faulty test results, unlawful police procedures, and other weaknesses in the prosecution’s case.