What’s the legal approach to challenging breathalyzer calibration in Georgia DUI cases?
Challenging breath test evidence in Georgia centers on whether the result is reliable enough to be admitted and credited, and calibration is one component of that broader reliability question. In a DUI per se case under O.C.G.A. 40-6-391(a)(5), the alcohol concentration reading is the foundation of the charge, which makes the integrity of the testing process significant.
Georgia uses a specific approved breath testing device, and the state must lay a foundation for admitting a result. This includes matters such as whether the machine was properly maintained and operating correctly, and whether the test was administered according to required procedures. Records related to the device’s maintenance and inspection can bear on these questions.
The conduct of the test carries equal weight. Breath testing protocols include requirements such as an observation period before the test, and a failure to follow proper procedures can be raised in connection with the reliability of the result. The qualifications of the operator and adherence to the prescribed method are relevant as well.
Georgia court decisions have addressed breath testing in ways that affect these cases, including issues surrounding the implied consent notice and the constitutional dimensions of breath tests. These developments have shaped how breath test evidence and refusals are handled.
The reliability of the number is what gives breath testing its weight in a per se case, since the charge has little else to stand on. Maintenance records, the observation period, operator procedure, and the evolving law on breath tests all feed into whether that number holds up under examination.