If you are arrested for DUI in Georgia and agree to the state-administered breath test, you will be tested on the Intoxilyzer 9000. Introduced statewide to replace the older Intoxilyzer 5000, this machine is often presented by prosecutors as an infallible piece of technology. However, like any machine, it is subject to mechanical failure, improper maintenance, and operator error. Understanding how the Intoxilyzer 9000 works—and where it fails—is critical to building a strong DUI defense in Walker County.
How the Intoxilyzer 9000 Works
The Intoxilyzer 9000 uses infrared spectroscopy to measure the amount of alcohol vapor in your breath. It passes an infrared light through the breath sample chamber; because alcohol molecules absorb specific wavelengths of infrared light, the machine calculates your Blood Alcohol Concentration (BAC) based on how much light is absorbed.
While the underlying science is sound, the application in a law enforcement setting is often flawed. The machine assumes that the breath sample provided is “deep lung” or alveolar air. If mouth alcohol is present—due to burping, acid reflux, or dental work—the machine can register a falsely high reading.
Common Defenses Against Intoxilyzer 9000 Results
At the Law Office of Gordon Hall, LLC, we do not accept breath test results at face value. We routinely challenge Intoxilyzer 9000 evidence on several fronts:
- The 20-Minute Deprivation Period: Before administering the test, the officer must observe you for a continuous 20 minutes to ensure you do not burp, belch, vomit, or put anything in your mouth. If the officer fails to maintain this observation, mouth alcohol can contaminate the sample, rendering the result invalid.
- Machine Calibration and Maintenance: Georgia law requires that the Intoxilyzer 9000 be checked and calibrated at least once a quarter. We demand the maintenance records (certificates of inspection) for the specific machine used in your case. If the machine was overdue for an inspection or had a history of error codes, the results may be suppressed.
- Operator Certification: The officer administering the test must hold a valid permit to operate the Intoxilyzer 9000. If their certification was expired or they failed to follow the operational protocol, the test is legally compromised.
- Medical Conditions: Conditions like GERD (Gastroesophageal Reflux Disease), acid reflux, or certain diets (like the keto diet) can cause the machine to misread mouth alcohol or ketones as deep-lung ethyl alcohol.
The Difference Between the PBT and the Intoxilyzer 9000
It is important to distinguish between the hand-held Portable Breath Test (PBT) given on the side of the road and the Intoxilyzer 9000 used at the police station or jail. The PBT is a preliminary tool used only to establish probable cause for an arrest; its numerical BAC reading is not admissible at trial in Georgia. Only the official state-administered test on the Intoxilyzer 9000 (or a blood/urine test) can be used to prove your specific BAC.
Yes, you have the right to refuse the state-administered breath test on the Intoxilyzer 9000. However, doing so will trigger an automatic administrative suspension of your driver’s license for up to one year (a “hard suspension”). You must request an ALS hearing within 30 days to fight this suspension.
The Intoxilyzer 9000 is generally accurate when properly maintained and operated strictly according to protocol. However, it is prone to falsely high readings caused by mouth alcohol, radio frequency interference, improper calibration, or medical conditions like acid reflux.
Yes. If your defense attorney can prove that the machine was not properly calibrated, the officer lacked a valid permit, the 20-minute observation period was violated, or the initial traffic stop was unconstitutional, the judge may suppress the breath test results, meaning the jury will never see them.