Can I Challenge the Results of a Breathalyzer Test in Georgia?

Millions of people across the country are arrested for drinking and driving every year. In the state of Georgia, a person can be charged with driving under the influence (DUI) when their blood alcohol concentration (BAC) is 0.08% or higher. A person’s BAC can be determined by a breathalyzer test. However, a breathalyzer is technology, and technology can be flawed. Sometimes, their results can be unreliable. Over the years, thousands of tests have been thrown out. This information is important, as most people do not think to challenge the results of a breathalyzer test. However, doing so can sometimes result in a victory that prevents charges and consequences. When dealing with these situations, keep the following in mind:

Can Breathalyzer Tests Be Trusted?

There are various different reasons as to why a breathalyzer test cannot be completely reliable. Even though they are marketed as being precise, results can sometimes be skewed. This is usually due to human error and governmental oversight. Sometimes, labs may skimp on maintenance or make a mistake setting up the machines. It is important that these issues are addressed, as gaps in the reliability of these tests can lead to dangerous circumstances.

Knowing your right to challenge the results of a breathalyzer test is crucial. This is because state law enforcement trusts its testing program. So much so that it can be illegal to refuse a breathalyzer. While it can be refused roadside in Georgia, it cannot be refused in-station. This results in an automatica implied consent violation. It is because of this that drivers do not often get away with not taking the tests, leading to legal implications. With the new information regarding these untrustworthy tests, lawyers throughout the country are preparing drivers to challenge these convictions.

DUI Penalties in Georgia

Challenging the results of a breathalyzer test can be crucial. This is because if the test says that the driver’s BAC is over the legal limit, they may be subject to consequences as a result. Being charged with a DUI in the state of Georgia can greatly impact a person’s future, which is why it is important to explore all defense possibilities. The consequences of a first offense DUI can include the following:

  • A license suspension for up to 1 year
  • The possibility of up to 1 year in jail
  • A fine between $300 and $1000
  • A license reinstatement fee
  • The cost of participating in the DUI Alcohol and Drug Risk Reduction Program
  • 40 hours of community service

It is important to know that if a driver is a repeat offender, these penalties can worsen significantly. 

Contact our Firm

Alfred Law Firm, LLC is proud to serve clients in Georgia when they face legal matters related to family law and criminal defense. When legal issues arise, it is important to have the guidance of an experienced attorney that can help you obtain a favorable outcome. Contact our firm today to schedule a consultation.

“Each and every client deserves to be treated with respect; and each case is equally important regardless of the
client's social or economic status.” - Janice F. Alfred, Esq.

  • Contact Us for a Free Strategy Session

We pride ourselves in remaining accessible to clients both during and outside of normal business hours.
Whether you want to contact us via email, phone or text, our firm is here for you.

Awards and Recognitions


103 Jonesboro Road, Suite B2
McDonough, GA 30252

OFFICE: 404-494-0027
Fax: 404-909-8498