DWI Breathalyzer Tests in Georgia: The PBT and the Intoxilyzer 9000

A DWI breathalyzer reads blood alcohol level from a deep-lung breath sample. Georgia's statutes never use the term DWI. Under Georgia law, the offense is driving under the influence, or DUI. A driver who looks up DWI breathalyzer rules, or who searches for driving while intoxicated, reads about the same test Georgia officers give.

In Georgia, a person suspected of DUI alcohol faces TWO breath devices, not one. The first is a portable breath test at the roadside. Officers usually offer it after the standardized field sobriety tests. Those roadside exercises have their own weak points, and knowing how to beat a DUI in court often starts with them. The second is an evidential machine at a police station or jail. The two tests carry very different legal weight. Refusing the roadside screening test is legal. No Georgia DUI law requires it.

The PBT Breathalyzer is NOT a Required Test in a Georgia DUI, So Decline It

Under Georgia DUI laws, these hand-held machines are NOT an "evidential breath alcohol test." You will be REQUIRED to take that test later. The DUI breathalyzer at the roadside is known as a PBT breathalyzer. This preliminary breath test is exactly THAT. The test screens your breath alcohol level. The request comes the same way at an ordinary traffic stop and at one of Georgia's DUI checkpoints. Most Georgia police agencies request just one reading. They ask for it at the end of the field sobriety tests. Other departments, such as Cobb County Police, try to get two breathalyzer readings. A second number gives them more proof against the drunk driving suspect. This type of police breathalyzer is optional. Like all roadside "tests," a driver should decline it – politely. Refusing the roadside screening test carries no license penalty.

How the request is worded. The request rarely sounds optional. You may hear "blow into this so I can clear you." That request is not a command. You may politely decline the roadside DWI breathalyzer and ask for a lawyer. Our video on refusal to take breathalyzer tests covers the difference between the two machines, and a second video explains why a driver should not take a portable breath test at the roadside. Georgia's implied consent law covers only the state test described below. Declining the portable unit triggers no license suspension.

Why the number is unreliable. Georgia's alco-sensor units run a fuel-cell sensor. That sensor reacts to alcohol in the sample. Mouth alcohol throws off the reaction. Recent belching, vomiting, breath spray, or chewing tobacco can raise the result. In Georgia courts, roadside numbers often differ sharply from the later station reading. Drivers still ask how to pass a breathalyzer. No trick beats the machine. The defenses live in the records behind the number.

In Georgia, Can the Reading From the Breath Alcohol PBT Be Used Against Me?

After a DUI arrest, some Georgia law enforcement officers tell a driver that the breathalyzer result cannot be used against him. That claim is, at best, a HALF truth. The officer CAN and WILL testify about your result. He may call it POSITIVE or negative. That can happen at your DUI trial or at a pretrial motions hearing. Jurors may then hear about a "positive" breathalyzer reading. SOME, if not all, will read that vague proof as a sign you were drunk.

The number from a portable unit is usually not admissible as proof of your blood alcohol content. The GBI Division of Forensic Sciences has not approved these devices for evidential use. The positive or negative result may still reach a judge. That result can surface at a motion to suppress on probable cause.

A juror who hears "positive" hears "drunk." The device was never built to measure impairment. A defense motion in limine asks the judge to keep the roadside reading away from the jury. A judge may grant that motion in full or in part, based on the record. Cross-examination helps too. Many agencies keep sloppy calibration and accuracy-check logs.

Georgia's Official Breathalyzer Device is Required under Implied Consent Laws

The second kind of breathalyzer machine sits at a police station or jail. A driver takes it only AFTER arrest for DUI less safe. This test is the "required" evidential breathalyzer test, and the chemical test the Georgia implied consent law actually covers. Area supervisors check the machine for calibration. Those supervisors are Georgia State Patrol officers. They travel to Owensboro, KY for training. There they learn to run quarterly calibration "checks" on the Intoxilyzer 9000. This evidential breath test device plugs into the wall. Police can haul these breathalyzers to the roadway in "BATmobiles." Those vans are breath alcohol testing units. A power converter inside copies a wall socket. In Georgia, the breathalyzer is the Intoxilyzer 9000 brand. CMI in Owensboro, KY makes it. Since 2016, Georgia has allowed no other evidential breath test for forensic breath tests.

Call our DUI law firm in Atlanta for help saving your driver's license. Partners Larry Kohn, Cory Yager, and Bubba Head each take these calls, and the first consultation is free. Reach the firm at 404-567-5515, 24 hours a day. Many callers need to know how to get a work permit in Georgia, or are facing the 30-day deadline to appeal a license suspension, or want the ignition interlock device limited permit.

What the Implied Consent Test Means for Your License and Your Defense

The officer must read the implied consent notice at the time of arrest. The wording must track the statute closely. Timing and wording are both live issues. A notice read late or read wrong may give your lawyer grounds to challenge the test that followed.

Refusing the state test carries real risk. You may face an administrative license suspension of up to 12 months. You generally have only 30 days from arrest to contest it. An ignition interlock device limited permit can be another path.

The Intoxilyzer 9000 requires two breath samples in a row. A gap beyond the accepted range may signal mouth alcohol. The gap can also point to a flawed observation period or a broken machine.

Attacks on an evidential DWI breathalyzer result fall into four groups. The first is the 20-minute deprivation period. The second is the operator's permit status. The third is discovery of source-code and maintenance records. The fourth covers health conditions such as GERD, acid reflux, and uncontrolled diabetes. A low-carb diet also fits there, because it puts acetone on the breath. The records in your case decide which group applies.

Underage DWI Breathalyzer Rules for Drivers Under 21 in Georgia

Georgia applies a zero-tolerance law to drivers under the age of 21. Under the DUI statute, a driver under 21 violates the law at 0.02 or higher. The adult limit is 0.08. The commercial limit is 0.04. For many young drivers, 0.02 is roughly one drink.

License consequences. An underage DUI charge can suspend a young driver's license, and Georgia's DWI laws read the same for a 19-year-old as for an adult. Many first offenses bring no limited-permit relief at all.

School and financial consequences. Colleges may open their own discipline cases. A finding may cost a student the HOPE scholarship. Sports eligibility and insurance rates often suffer too.

The same two devices apply. A young driver should decline the roadside portable unit. The state test still triggers implied consent consequences.

The 0.02 limit sits close to the machine's own margin of error. So calibration records and observation-period challenges carry more weight in an underage DUI case. An error that means little at 0.15 could decide the outcome at 0.02. Our attorneys have defended college and high school drivers in Georgia courts. These cases often turn on the paperwork behind the number.

Frequently Asked Questions About DWI Breathalyzer Tests in Georgia

Can you refuse a DWI breathalyzer test in Georgia? Yes, a driver may refuse, but which test matters. You may refuse the roadside portable unit with no license penalty. The state test after arrest is different. Refusing that test triggers implied consent consequences under Georgia law.

What is the legal BAC limit for an underage DWI in Georgia? The limit is 0.02 for any driver under 21. That number is one-quarter of the 0.08 adult limit and half of the 0.04 commercial limit. The threshold appears in Georgia's DUI statute.

How accurate is a roadside DWI breathalyzer compared to the Intoxilyzer 9000? The roadside unit screens for alcohol. The unit does not measure it. Georgia has not approved it for evidential use. No one checks it on the quarterly schedule the Intoxilyzer 9000 follows.

What happens to your license if you refuse the state-administered breath test in Georgia? A refusal exposes you to an administrative license suspension of up to 12 months. You generally have 30 days from arrest to contest it.

Can medical conditions like acid reflux affect a breathalyzer result? Yes, medical conditions can affect a breathalyzer result. GERD and acid reflux may carry stomach alcohol into the mouth. That alcohol can inflate a supposed deep-lung sample. Uncontrolled diabetes and low-carb diets can put acetone on the breath.

Speak With a Georgia DWI Breathalyzer Defense Attorney

A DWI breathalyzer reading is evidence to be tested, not a verdict. A lawyer must request calibration records, maintenance logs, and observation-period files early. Agencies purge them on a schedule. Your license case also runs on a much shorter clock than the criminal case. William C. Head, PC brings decades of Georgia DUI defense work. The firm knows the courts where these cases are heard. A breath test result may be challenged, limited, or excluded. The facts of your case decide. Call for a free consultation.

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