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The 2016 Deadline for DUI Breath Testing in Georgia


Beginning January 1, 2016, the Intoxilyzer 9000 is the only approved breath testing instrument in Georgia. This comes after nearly two decades of the Intoxilyzer 5000 being Georgia's breath testing device.

What is the Intoxilyzer?

If you have been arrested for DUI in Georgia, chances are the cop asked you for a breath test to sample your breath alcohol content. In Georgia, the legal limit is .08 for adults 21 and older. Usually, the arresting officer will take you to a station or the jail and test your breath alcohol level on a machine before turning you over to jail staff to be processed. For the past 25 years, those asked for a breath test have been tested on the Intoxilyzer 5000, a machine manufactured by CMI, Inc. headquartered in Kentucky. The 5000 has been subject to attacks on its accuracy and reliability since its inception, and starting around 2013, the Georgia finally started replacing these old and outdated machines.

The New Intoxilyzer 9000 and How to Fight It

The new Intoxilyzer 9000 is touted as cutting edge, with many improvements over the old 5000. However, the 9000 is largely more of the same from CMI and unfortunately, the State of Georgia. While the 9000 has been setup to run functions not programmed into the old 5000, the machine is still based on the same science and subject to many of the same malfunctions. Environmental interferants, a failure to follow testing protocol, and a failure of the machine’s internal workings are all ripe for attack and have been documented in the new 9000s short time in service. In fact, over the past few years, more than a handful of cops simply “opted out” of using the new 9000 and tested subjects on the old 5000, when one was available. I predict blood draw numbers will rise in the coming months and indefinitely with the 9000 being the cops' only breath testing option.

Hiring a DUI Attorney to Defend Your Case

If you have been arrested for DUI, you need a team of attorneys experienced in fighting DUI charges, rather than merely accepting the state’s evidence as true. At Zeliff & Watson, our attorneys have years of DUI training and courtroom experience under their belts and know what it takes to successfully challenge a DUI case. Whether you tested over the limit for alcohol, refused all testing, or tested positive for drugs while driving, our attorneys know how to defend your case.

Call us today for a first consultation where we will cover all the details of your case and begin mapping out your defense. We can be reached 24/7 at (770) 676-1340.

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