Georgia’s “per se” intoxication law makes it a crime for drivers to operate any motor vehicle while possessing a blood alcohol content (BAC) of .08%. The legal limit for drivers under 21 is .02% while the limit for commercial drivers is .04%. To determine your BAC, an officer may ask you to submit to a breathalyzer test after your DUI arrest. Refusing to take this test could result in penalties including a driver’s license suspension.
Why fight a DUI after failing the breathalyzer test? These machines are notorious for producing falsely inflated BAC readings. Medical conditions, such as acid reflux and diabetes, dental ailments, mouth wash, mints, and gum can affect the breathalyzer’s reading. Even having a fever could substantially increase your test results, resulting in a drunk-driving charge.
What’s more is that the manufacturer of the Intoxilyzer 5000 has received court orders from Arizona, Florida, Kentucky, and Minnesota to turn over the machine’s source code because of evidence that it doesn’t work properly. Despite accumulating more than a million dollars in fines, the manufacturer refuses to turn over this source code. If the company that makes this breathalyzer has so little confidence in their machine, why would you plead guilty after failing a test on it?
Attorney Greg Willis has completed his certification and is deemed competent by the manufacturer of the Intoxilyzer to operate, calibrate, and maintain this breathalyzer. Because of his training, he is very familiar with the machine’s shortcomings and the errors that could lead to a false reading. He will look into your breathalyzer test to determine if something—other than alcohol—caused an inflated test result.
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