Rage Against The Machine - Are Georgia Dui Breath Machines Inaccurate?

It has been recently reported that in Washington D.C. that a mis-calibrated DUI breath testing machine resulted in roughly 400 wrongful DUI convictions, and 200 wrongful incarcerations. The most reliable method of determining blood alcohol levels is a blood test.

The actual machine involved is identified as the Intoxilyzer 5000 , and is made by a company called CMI, located in Owensboro, KY.The Intoxilyzer device employed in Georgia DUI cases is actually not even the most up to date machine. The most recent version of the Intoxilyzer is the 8000, which is used in many states and differs from the 5000 in that the machine is calibrated for every single test rather of once a quarter, or every three months, in Georgia. In Florida, where the Intoxilyzer 8000 is used, it averages 80 failures a month and consequently the more error prone Intoxilyzer 5000 is no longer considered scientifically reliable in Florida. There are thousands of these machines in Georgia, which means there's an average of 240 inaccurate breath tests between calibrations - per machine.

Some Interesting Facts About the Georgia DUI Breath Test Machine

-In order to calculate a blood alcohol content on your breath, the machine assumes your breath is going to be 34 degrees celcius. Guess What? Your breath varies plus or minus a degree which can throw the results off by 7%.. Too bad if you have a slight fever - you're going to blow a higher number!

-The machine used for Georgia DUI breath tests also makes similar assumption regarding your breath to blood ratio. It assumes you have a 2100:1 breath to blood ratio, even though people actually vary between 1300:1 - 3100:1. You guessed right - if you have lower ratio, say 1500:1, you're going to blow an "impaired" .10 BAC even though your actual blood alcohol content is a legal .07!

-Your body process alcohol unevenly when you first start drinking. If you've had your first drink within the previous hour, alcohol content in your arteries is much higher than your veins - if you blow during this time frame - guess what? You'll blow higher than your actual BAC.

-There have been reports that holding your breath for 30 seconds prior to a breath test can cause a false increase breath alcohol levels by up to 30% and by contract, hyperventilating can decrease breath alcohol levels.Another assumption the GA DUI device makes is that a certain concentration of red blood cells called hemocrit is going to 47%. As you may have guessed, the actual levels vary from 42% - 52%. If you have lower hemocrit, you'll blow higher in the Georgia DUI breath machine.

-There are a number of known household substances that the Georgia DUI breath machines mistakes for alcohol. They say it has filters, but no one is allowed to test it, so sadly, no one really knows if it does or not.

These are just a few of the reasons not to trust the Georgia DUI Breath test! If you're going up against the machine for a Georgia DUI charge, be sure to hire an experienced DUI Lawyer.

By: George Creal Jr.

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About the Author: George Creal Jr. P.C. is a law firm representing those charged with Metro Atlanta DUI, Georgia DUI or driving under the influence of alcohol or drugs.  Our firm has advised thousands of DUI clients primarily in Metro Atlanta.