Improper Breath Test: Certification

The operator of the machine must be certified and the certification must be renewed annually. Occasionally an officer will give the test using another’s certificate. Emphasis is on the word occasionally. It actually takes about 10 minutes to learn how to operate the Intoxilyzer 5000, but the initial certification course takes 16 hours.  This opens the door for you to question the officer about what else he learned during the course, while having a copy of the manual with which he was trained at your disposal.  If you have targeted questions designed to elicit specific answers, this method of using the officer's certification against the prosecution can be very effective.

How You Can Fight a DUI Case in GA: More Strategies

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Rules
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Implied Consent Warning
• Witness Appearance
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness