What is the Intoxilyzer 5000, and How Many Breaths Are Required When You Are Arrested?
Ted Morgan Law
What is the Intoxilyzer 5000? Georgia law now requires that any State-administered breath test taken on an Intoxilyzer 5000 will consist of two (2) breath results or samples. Therefore, each State-administered test will have two (2) sequential breath samples as part of the test. Also, Georgia law now requires that the two (2) samples be no more than 0.020 percentage points difference between the samples; otherwise, neither test is admissible at trial. Since Georgia law now requires two (2) breath samples that correlate within 0.020 percentage points between the samples, and because the State of Georgia bears the burden of proof at trial when relying on breath samples for a DUI conviction, breath sample cases are ripe for dismissal and/or acquittal due to current legal challenges moving through the courts in several states, including Georgia, challenging the accuracy and testing method of the Intoxilyzer 5000.