Which Breathalyzer Devices Georgia Police Use
Georgia police use two kinds of breath test device. Officers carry a small handheld unit in the patrol car. They use that unit at the roadside.
After an arrest, they take the driver to a jail or precinct. The driver then blows into the Intoxilyzer 9000. That machine is the state's approved test device for court.
Georgia approved the Intoxilyzer 9000 on January 1, 2013. The state then ran a phased three-year switch from the older Intoxilyzer 5000.
Agencies across the state had used the 5000 for decades. The 5000 stopped being an approved test device after December 31, 2015. Every Georgia agency that runs an evidentiary breath test now uses the 9000.
The Georgia Bureau of Investigation Division of Forensic Sciences approves breath test machines. The lab also grants permits to the officers who run them. Its rules for evidential breath alcohol testing in Georgia cover the machine and the law enforcement officer alike.
That approval and permit setup comes from Georgia's chemical test law. The same statute sets the terms for using a chemical test result in court. A result may face a strong challenge if the machine is not approved. The same is true if the officer lacks a valid permit.
The handheld device at the roadside is a different tool. Departments often use Alco-Sensor style fuel cell units for that first check. People often search for what breathalyzer police in Georgia use. Most have one of these two devices in mind. Few know the two are separate.
Roadside Handheld Tests vs. Station Breath Tests
People call both devices a "breathalyzer." Georgia law treats them very differently. One helps an officer decide whether to arrest. The other makes the number a prosecutor shows a judge or jury. See our related guide: DUI Breathalyzer Tests in Georgia: How They Work and How to Challenge Them.
We see the same mix-up often in DUI cases. People recall blowing into a device at the roadside. They blow again later at the station. Many assume both readings count the same way. They do not.
Preliminary Breath Tests at the Roadside
The handheld preliminary breath test, or PBT, comes during the traffic stop itself. Officers also call that unit an alcohol screening device. Under Georgia law, the number from a PBT is generally not admissible. That number cannot prove a blood alcohol concentration. Courts allow it only to show a positive or negative result for alcohol. That result forms part of probable cause to arrest.
A roadside PBT is also voluntary. Georgia's implied consent law does not cover that test. The rule surprises many drivers who thought they had no choice. Turning down a roadside test differs from refusing the state's test after arrest.
These handheld units run on fuel cells. They also sit outside in heat and rain. That wear leaves them more open to outside interference than a station machine.
Evidentiary Breath Testing After Arrest
The test that makes court evidence happens after the arrest. The 9000 at the jail or station usually runs it. Georgia law sets out implied consent to testing and the required implied consent notice. The arresting officer must read the implied consent notice at the time of arrest. The state's chosen test then makes the reported number.
That designated test can be a breath test, a blood test, or a urine test.
The Intoxilyzer 9000 needs two breath samples. The two must agree within a set range. The officer must also watch the driver for a set time before the test. That step rules out anything in the mouth that could skew the reading.
Refusal has its own rules. In Elliott v. State, 305 Ga. 179 (2019), the Georgia Supreme Court ruled on this point. A driver's refusal to take a breath test generally cannot serve as proof of guilt at a criminal trial.
Refusal may still carry license consequences. How these rules apply depends on the facts of each case.
How Police Breathalyzers Measure Blood Alcohol Content
Station machines use infrared spectroscopy. Alcohol molecules soak up that light at set wavelengths. The machine shines light through a breath sample. Sensors gauge how much light the sample soaks up. The machine turns that reading into a number.
Handheld roadside units work in another way. They use a fuel cell that reacts with the alcohol in the sample. That reaction makes a small electric current. The size of the current matches the alcohol present.
Every breath test rests on one key assumption. The device gauges alcohol in deep lung air. The device then turns that figure into an estimated blood alcohol level.
The math uses an assumed breath-to-blood partition ratio of roughly 2100:1. That ratio is a group average. The average does not fit every person.
A driver whose body falls below that average may get a high reading. The reading can overstate true blood alcohol. The machine shows a precise-looking number. The math behind it is still an estimate.
Georgia sets per se limits at 0.08% for drivers 21 and over. The limit drops to 0.04% for commercial drivers. The limit for drivers under 21 is 0.02%. Those cutoffs are fixed. A small error can push a reading from lawful to unlawful.
Why Breathalyzer Results Are Not Always Accurate
Georgia DUI defense attorneys look at several common problem areas. Finding one does not promise a suppressed result. Whether a factor affects a case depends on the proof and on the court.
Calibration and maintenance records. We ask for the inspection and repair history of the exact 9000 used. Gaps or errors in those records are among the first things we review.
Operator certification. The officer running the test must hold a valid GBI permit. Permit status and end dates can be checked. They matter under Georgia's chemical test law.
The observation period. The waiting period exists to stop contamination. Video and reports sometimes show the officer looking away. Others show the officer walking off or doing paperwork during that window.
Mouth alcohol. Belching, vomiting, GERD, and dental work that traps fluid can put alcohol in the mouth. So can recent use of mouthwash or breath spray. Mouth alcohol can inflate a reading well above the deep lung sample.
Radio frequency interference. Police stations hold radios, handsets, and other gear that sends signals. Interference from nearby devices has long been a known concern for breath machines.
Physiological factors. A high body temperature can raise a reading. So can breathing pattern. Deeper or faster breathing changes the alcohol in the sample.
Some medical conditions, such as diabetes, put acetone on the breath. Some devices may not fully tell acetone from alcohol. Defense lawyers point to that gap as one source of false positives.
Whether any of these issues applies to an arrest depends on the record in that case.
Talk With a Georgia DUI Defense Attorney About Your Breath Test
The machine's number is evidence, not a verdict. Maintenance logs, calibration records, and operator permits are all discoverable. So is the officer's step-by-step process. Each one is worth a close look.
Timing matters. A driver has a short window after a DUI arrest in Georgia to address the administrative license suspension. Waiting can cost the driver those driving rights.
Kohn & Yager LLC defends DUI cases in Georgia courts. Our attorneys know how local prosecutors use Intoxilyzer 9000 evidence. We will pursue every defense the facts support. Still, no attorney can promise a certain outcome. Past results do not promise a similar outcome. Every case depends on its own facts.
Drivers can schedule a free consultation. A licensed Georgia attorney will then review the breath test evidence in the case.
Frequently Asked Questions
What breathalyzer do Georgia police use at the jail after a DUI arrest?
Georgia agencies use the Intoxilyzer 9000. The state approved it on January 1, 2013 and retired the Intoxilyzer 5000 at the end of 2015. The GBI lab approves the machine and grants operator permits. That station test is the evidentiary test. Its number is the one typically offered against a driver in court.
Can I refuse a roadside breathalyzer in Georgia?
Yes, the handheld preliminary breath test at the roadside is voluntary. Georgia's implied consent law does not cover it. Refusing it may still affect how the officer builds probable cause. Different rules apply to the state test after arrest. That test also carries its own penalties.
How accurate is a police breathalyzer reading?
Breath tests estimate blood alcohol rather than measure it. They rely on an assumed 2100:1 breath-to-blood ratio. That ratio does not match every person. Calibration problems, mouth alcohol, body heat, and operator error can all affect a result. The impact depends on the facts of the test.
Is the handheld breathalyzer result admissible in a Georgia DUI case?
The number from a roadside preliminary breath test is generally not admissible to prove a blood alcohol level. Courts typically allow only a positive or negative reading for alcohol. That reading helps show probable cause to arrest. Admissibility can turn on the facts and the judge.
What happens to my license if I refuse the breath test in Georgia?
Refusing the state test after arrest may trigger an administrative license suspension. That suspension is separate from the criminal case. Under Elliott v. State, refusal generally cannot serve as proof of guilt at a criminal trial. The deadline to contest the suspension is short, so a prompt response matters.