If you are arrested for DUI in Georgia and submit to the state-requested breath test, the result may be produced by an Intoxilyzer 9000. A breath-test result can be important evidence, but it should be evaluated with the full record, including the traffic stop, implied-consent process, observation period, instrument records, video, and officer training.
How the Intoxilyzer 9000 works
The Intoxilyzer 9000 uses infrared spectroscopy to analyze alcohol vapor in a breath sample and reports a numerical result. The process depends on the instrument, the sample, the required procedures, and the surrounding records. A reported number is not a substitute for a case-specific review.
Breath testing is intended to use a deep-lung sample. Conditions and events that may be relevant to a review can include mouth alcohol, burping or reflux, recent oral intake, timing, the observation process, and the instructions and procedures actually followed. Whether any particular fact affects reliability or admissibility depends on the evidence in the individual case.
Records and procedures that can matter
A careful defense review can examine the following areas:
- Observation and deprivation procedures: Video, reports, and testimony may show what occurred before the test and whether the required procedures were followed.
- Instrument records: Certificates, inspection and maintenance materials, error information, and the instrument history may be relevant.
- Operator qualification and protocol: The administering officer’s permit, training, and compliance with the applicable operating procedure can be examined.
- Medical and physical circumstances: Reflux, dental conditions, medications, diet, breathing conditions, and other factors may be relevant only when supported by the facts and records.
- The stop and implied-consent process: The basis for the stop, the reading of the notice, and the surrounding circumstances can be part of a complete DUI defense review.
The PBT is different from the state breath test
A hand-held Portable Breath Test (PBT) used at the roadside is different from the Intoxilyzer 9000. A PBT result may be used to establish the presence of alcohol, but it does not establish a driver’s numerical blood alcohol concentration (BAC). The Intoxilyzer result, if obtained under the applicable procedures, is different evidence and should be assessed with the rest of the record.
Questions about refusal and the overall case
A person may decline a state-requested breath test, but that decision can have separate, time-sensitive consequences. The right response depends on the notice, the circumstances, and the full DUI case. The Law Office of Gordon Hall, LLC evaluates chemical-test questions as part of representation for the entire DUI matter, including the stop, roadside investigation, test evidence, and court case.
Can I refuse the Intoxilyzer 9000 test in Georgia?
You may decline a state-requested breath test, but doing so can have separate licensing and evidentiary consequences that depend on the notice and circumstances. Promptly speak with counsel about the entire DUI case rather than treating the decision as a license-only issue.
Is the Intoxilyzer 9000 accurate?
When the instrument is properly maintained and the testing procedure is properly followed, the result may be evidence in a DUI case. A meaningful review considers the procedure, instrument records, operator qualification, video, medical facts, and the rest of the evidence.
Can a lawyer challenge breath-test evidence?
Potential issues may include the traffic stop, implied-consent process, observation procedures, instrument records, operator qualification, and the facts surrounding the sample. Whether a particular issue affects admissibility, reliability, or the weight of the evidence depends on the law and the case-specific record.
What is the difference between a PBT and an Intoxilyzer result?
A roadside PBT may establish the presence of alcohol but does not establish a numerical BAC. An Intoxilyzer 9000 result is a state-administered breath-test result that must be evaluated with the applicable procedures and the full record.
Talk through the charge and the evidence
Call The Law Office of Gordon Hall, LLC to discuss your Walker County or nearby municipal-court case. Do not submit confidential facts through this website.