Improper Breath Test: Machine Malfunction

This machine is 1980’s technology. There are numerous parts of the machine that may not be working, yet the machine will still generate a BAC reading.  In addition, the Intoxilyzer 5000 will simply estimate your blood alcohol concentration based on what is in its test chamber, no matter the source.  To learn more about the various issues that affect a breath test in Georgia please click on the link below.

Read more about issues related to breath testing in DUI cases.

More Georgia DUI Defense 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
• Certification of Machine
• Interferents
• Machine Not Calibrated

Procedural Mistakes

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