Georgia DUI Breath Test (Intoxilyzer 9000)

The Intoxilyzer 9000: Georgia’s Only Approved Breath Instrument

The breath test that counts in a Georgia DUI case is not the handheld device used at the roadside. It is the Intoxilyzer 9000, a larger instrument kept at the jail or police station. Since the end of 2015, it has been the only instrument approved by the GBI Division of Forensic Sciences for evidential breath testing in Georgia.

The roadside portable breath test (often called an Alco-Sensor) is a screening tool. In Georgia, its numeric reading is generally not admissible at trial. At most, the State can offer it to show that alcohol was detected, as part of the probable cause for arrest. Taking or declining the roadside test does not count as a refusal under the implied consent law.

What the Law Requires for a Valid Breath Test

Under O.C.G.A. § 40-6-392, a breath result is admissible only if the State meets specific requirements:

• The test must be performed according to methods approved by the GBI Division of Forensic Sciences.
• The operator must hold a valid GBI permit to operate the instrument.
• The instrument must have been operated with all of its electronic and operating components attached and in good working order.
• The State typically relies on a sworn inspection certificate showing the instrument was inspected, tested, and standardized.
• The officer must request two sequential breath samples, and the results cannot differ by more than 0.020. The lower of the two results is the one that counts.

Each of these requirements is a place where a case can break down. An expired operator permit, a missing or outdated inspection certificate, a single sample reported as a complete test, or maintenance problems in the instrument’s records can all affect whether the result is admissible or how much weight it deserves.

Common Problems With Breath Test Results

• The waiting period. GBI procedures call for a waiting period before the test, during which the person should not eat, drink, smoke, or belch or regurgitate. Alcohol still in the mouth can inflate a reading.
• Medical conditions. Acid reflux (GERD), dental work, and some diets can affect breath results.
• Insufficient samples. If the machine reports that a sample was insufficient, the officer may treat it as a refusal. Whether the person actually tried, or physically could not provide enough breath, is often disputed. See refusal and implied consent.
• Timing. A breath test measures alcohol at the time of the test, not at the time of driving. Rising blood alcohol can make a later test look worse than the driver was behind the wheel.
• Consent. Under Olevik v. State (2017), the State cannot compel a breath test. The circumstances of the implied consent notice and the driver’s agreement matter.

Your Right to an Independent Test

If you submit to the State’s test, Georgia law gives you the right to an additional test of your own choosing, such as a blood test by a qualified person, at your own expense. The officer must make a reasonable effort to accommodate that request. When an officer refuses or ignores a valid request for an independent test, the State’s test result may be suppressed.

Breath Tests at the ALS Hearing

A breath result of 0.08 or more (0.04 in a commercial vehicle, 0.02 under 21) also triggers an administrative license suspension. Whether the test was properly administered and whether the operator and instrument were properly certified are issues at the ALS hearing, and the officer’s testimony there can be used later in a DUI motions hearing. The deadline to request that hearing is 30 days.

Breath Tests vs. Blood Tests

Some officers ask for blood instead of breath, especially when drugs are suspected or after a crash. Blood testing raises different issues, including how the sample was drawn, stored, and analyzed. See hospital blood tests in DUI cases and DUI-drugs charges.

Related Topics

• The HGN (eye) test
• The walk-and-turn test
• The one-leg-stand test
• The evidence the State relies on in a DUI case
• Under-21 DUI and CDL DUI

Talk to a Lawyer Who Knows the Science

Ben Sessions is board certified in DUI defense by the National College for DUI Defense and has taught more than 30 continuing legal education courses on DUI defense. We challenge breath test evidence across Georgia, including in Macon, Warner Robins, Milledgeville, and Atlanta. Call (470) 225-7710 for a free case review. Every case is different, and past results do not guarantee a similar outcome.