Atlanta Breathalyzer Test

In Atlanta, you may be charged with a driving under the influence (DUI) “per se” violation if your blood alcohol content (BAC) is .08% or more. For drivers under the age of 21, the legal limit is .02%, while for commercial vehicle drivers the limit is .04%. In order to determine your BAC, a police officer may ask you to take a breath, blood, or urine test, though breathalyzer tests are the most commonly used method in Atlanta.

Breathalyzer tests are far from perfect. Even if you have tested over the legal limit, you can still fight your DUI charges. The skilled DUI attorneys at The Kohn DUI Defense Firm are familiar with the breathalyzers in Atlanta and will thoroughly investigate your case to determine if the breath results are accurate.

Rather than directly measuring the alcohol in your blood, a breathalyzer measures the alcohol in the air from your lungs and uses this number to estimate your BAC. The breathalyzer uses a ratio of blood alcohol content to breath alcohol content to make the estimation. The standard ratio is 2100:1; however, many people are outside of this typical ratio. Therefore, while the breathalyzer may show that you have a BAC of .08%, your actual BAC may range from .065% to .09%. These numbers can make a serious difference in your drunk-driving case.

Drinking, eating, smoking, or vomiting within 15 minutes prior to taking the test can affect the results. Certain medical conditions, such as acid reflux, can push alcohol up into the esophagus, thus artificially inflating the results.

The breathalyzer machine cannot tell the difference between alcohol in the lungs and alcohol in the mouth. This means that certain gums, mints, and mouthwashes that contain alcohol may produce inaccurate BAC results.

Law enforcement agencies are required to keep the breathalyzer equipment calibrated and maintained properly. If the machine is not in good working order, the results of your breath test may be thrown out and your charges can even be dismissed.

To learn more about how to challenge your breath test results, contact The Kohn DUI Defense Firm today. We offer a free case consultation for those who have been accused of Atlanta DUI.