How to Pass a Breathalyzer Test in Georgia

DUI Attorney Explains: How to Pass a Breathalyzer Test

By: William C. Head, Drunk Driving Book Author and Atlanta DUI Attorney, DUI Legal Defense Lawyer Explains How to Pass a Breathalyzer Test.

To understand how to “pass” a breathalyzer test in Georgia, you first need to understand what the term really means. Much like “Kleenex” became a generic word for tissue, “Breathalyzer” has become shorthand for any breath alcohol testing device. In reality,

Breathalyzer is a trademarked brand—developed by Robert F. Borkenstein at Indiana University in Bloomington. He passed away in 2002, just shy of 90. The trademark was registered in 1958, and his invention became the most widely used forensic breath-testing device through the 1950s, 60s, and early 70s.

Today, “breathalyzer” is a catch-all term for commercial breath alcohol machines worldwide. However, not all devices are created equal, and many have known limitations. Mr. Head has spent decades training both DUI attorneys on the fallacies behind breath testing. If your DUI defense lawyer understands how to attack the reliability of the machine used in your case, that knowledge can be the difference between conviction and acquittal.

Practical Tips for Beating a Breathalyzer in Georgia

In this clip, DUI attorney William Head explains how police instructions—and subtle manipulations—can skew your test results. Knowing this can be the first step toward building your defense.

Knowing how to beat a breathalyzer test isn’t about tricks—it’s about understanding how these machines work and where human error or protocol violations can affect the results.

DUI attorney William C. Head shares field-tested tips from real courtroom wins:

1. Don’t Blow Too Long

Intoxilyzer 9000 machines only require 5 to 7 seconds of steady breath. The longer you blow, the more likely your BAC reading climbs—especially near your peak. Keep your breath steady and stop between 5 to 7 seconds to avoid inflating your result.

2. One Sample Is Legally Enough

Officers often insist on two breath samples a few minutes apart to show consistency. But you’re not required to provide a second one. Refusing that second sample can create evidentiary challenges for the prosecution and open new defense avenues.

3. Foreign Objects in the Mouth Can Invalidate the Test

Officers must ensure your mouth is free of gum, tobacco, or any foreign substances during the mandatory 20-minute deprivation period. If this protocol is skipped, your results may be thrown out.

If you’re booked into jail while still chewing gum or holding tobacco, show it to the booking officer. Get their name and remember it—this could support your defense in court.

4. Vomiting or Belching Before the Test? That Can Help You

Burping or vomiting can push alcohol from your stomach into your mouth, skewing the results due to residual mouth alcohol. This can void the test if caught on security camera footage. Many testing facilities have surveillance—look around and take mental notes.

Real DUI Case Results From Fulton and Cobb Counties

In one Fulton County DUI case, Mr. Head’s client blew a 0.269/0.272 BAC—and was found not guilty.

Another client in Cobb County had a 0.244/0.249 BAC, and after an 8-day trial with multiple expert witnesses, the jury returned not guilty on all charges.
These results weren’t flukes—they were based on strict attention to machine reliability, officer error, and legal procedure.

This video shows how common technical flaws in breathalyzer machines—like airflow disruption and sensor issues—can lead to falsely high readings.

It’s important to understand that the device used for an implied consent breath test in Georgia is not a cheap breath tester you buy online. Official state-administered devices print out certified results and must be calibrated at the factory, with quarterly accuracy checks by Georgia’s State Forensic Sciences Division.

This context matters because “how to pass a breathalyzer” isn’t about gimmicks. It’s about knowing the system’s weaknesses and using the law to challenge the evidence.

What Doesn’t Work: Myths Surrounding Beating the Breath Test

In our decades of defending DUI cases across Georgia, we’ve encountered nearly every theory about “tricking” a breathalyzer. While some tactics may sound clever, none hold up under scientific scrutiny—or in court.

Here are some of the most common myths we’ve heard and the reality behind them:

• Eating Peanut Butter Lowers Your BAC
  Some people believe eating peanut butter can “absorb” alcohol or hide it from the machine. It can’t. Breathalyzers measure alcohol in your deep lung air, not what’s in your stomach or coating your mouth. No food—including peanut butter—can alter your actual blood alcohol content (BAC).
  
  In fact, if eaten just before testing, peanut butter could leave residual compounds in the mouth. This is why the NHTSA training manual instructs officers to restart the 20-minute observation period if any substance is in the mouth before testing.
  
• Chewing Gum or Mints Will Help Pass the Breathalyzer Test
  Modern breathalyzers—like Georgia’s Intoxilyzer 9000—are calibrated to detect ethanol molecules, not scent.
  
  In fact, some gums and mints contain alcohol-based flavoring or sugar alcohols, which can inflate your BAC reading due to residual mouth alcohol, especially if the test is administered too soon.
  
• Putting Pennies Under Your Tongue Affects the Test
  This is just an urban legend but has no basis in reality.
  
  These breath alcohol machines use infrared spectroscopy or electrochemical fuel cells to detect ethanol in breath. Copper has no interaction with either of those technologies.
  
  Plus, alcohol is measured in exhaled air from the lungs, not in the mouth or on the tongue.
  
• Drinking Water Will Get Rid of the Alcohol
  While drinking water will help dilute the alcohol within your bloodstream, it won’t eliminate it entirely.
  
  The ONLY trick that’s proven to eliminate alcohol is TIME. Your liver processes alcohol at a fairly constant rate—about 0.015% BAC per hour.
  
• Hyperventilating Helps
  Some believe that altering their breathing—either by hyperventilating or holding their breath—will result in a lower BAC reading.
  
  But breathalyzer machines like the Intoxilyzer 9000 are designed to detect and discard irregular or insufficient samples. Officers are trained to watch for inconsistent breathing and may flag the test as refusal or non-cooperation if they suspect manipulation.
  
  Even more important, the device pulls from your deep lung air and requires a steady, complete sample. Altering your breath is unlikely to help—and could hurt your case.

There’s no shortcut to “tricking” a breathalyzer. But there are legal defenses that work—like challenging machine calibration, administration procedures, or timing under the three-hour rule.

Your Legal Rights During a Breathalyzer Test

Even when the science appears solid, juries can be misled by breath test results. That’s why we don’t just challenge the numbers—we challenge the procedures, timing, and how the test is explained to the jury. Attorney Bubba Head has spent decades simplifying complex breath test protocols in Georgia DUI trials so that jurors clearly understand where the state’s evidence falls short.

In this clip, Mr. Head walks through how he explains breath testing science in court—making complex data understandable for juries in DUI trials.

Under Georgia’s Implied Consent Law, if you agree to the officer’s breath test, you also have the legal right to request an independent test—using blood, breath, or urine. This allows you to verify or dispute the officer’s result using a method of your choice, at your own expense.

Here’s what most drivers don’t know: At the roadside, the officer chooses your test (breath, blood, or urine). But after that, you choose your own test type—and can request a more accurate option, like a blood test, if you believe the breath result was wrong due to mouth alcohol or calibration issues.

Officers are legally required to make reasonable efforts to help you get that test. If they ignore your request or delay transport, your DUI lawyer may be able to get the state’s test thrown out.

How Can the Three-Hour Rule Help Me Beat a Breathalyzer Test?

Under Georgia law, for your breath alcohol test to be admissible in court, the police officer must conduct your state-administered BAC test within three hours of driving.

Why is this so important?
Your blood alcohol content can rise after you’ve stopped drinking. That means your BAC at the time of testing might be higher than it was while driving—a legal defense known as Rising BAC.

Additionally, under the NHTSA’s training guidelines, officers must observe a subject for 20 minutes before the test and ensure no foreign substances are in the mouth. If they fail to follow this observation protocol, the breath test results may be scientifically compromised—and possibly inadmissible in court.

This window of time and the proper observation process are two of the most overlooked defenses, but when applied correctly, they can be powerful tools to challenge DUI charges.

Can You Refuse a Breathalyzer in Georgia?

Yes, you can refuse a breathalyzer in Georgia, but there are consequences. Under Georgia’s Implied Consent law, if you’re suspected of DUI, you’re required to take a state-administered chemical test. Refusing the post-arrest test can lead to a one-year license suspension. You may qualify for an Ignition Interlock Permit (IID), but only under specific conditions.

Georgia uses two breath tests. The pre-arrest Portable Breath Test (PBT) can be refused without license penalties. It’s not admissible in court and is used only to establish probable cause. The post-arrest Intoxilyzer 9000 is the official test. Refusing it triggers administrative license consequences under Georgia law.

The “official” breath devices used in Georgia are not over-the-counter gadgets—they’re highly regulated instruments that must be calibrated and certified by the GBI. Any claim about “how to pass a breathalyzer” should focus on legal rights and process—not trickery.

Refusing a breath test does not make you guilty. The Elliot v. State (2019) Georgia Supreme Court ruling says the refusal of a breath test cannot be used as evidence of guilt. However, this only applies to breath tests—not blood or urine.

Why Refusing a Breath Test Can Be a Risky Move

In many states, refusing an official breathalyzer test may seem like a smart strategy—but it often comes at a steep cost. A refusal can result in an automatic suspension of your driver’s license for a year or more. In many states, there’s no option for a limited permit or ignition interlock device during that suspension period.

Each year, state legislatures continue to increase the penalties for refusal—sometimes even adding jail time. For example, in Hawaii, refusal can lead to license loss and incarceration.

In states like Texas and South Carolina, experienced DUI lawyers may advise drivers to refuse the breath test. But in Georgia, the best DUI attorneys will typically recommend a different course of action:

• Don’t talk except to provide your name and address.
• Don’t take any roadside field sobriety tests offered before arrest.
• If arrested and read the Implied Consent notice, take the breath test—then immediately request and pay for an independent blood test at a hospital of your choice.

Georgia’s Implied Consent Law (O.C.G.A. § 40-5-67.1) imposes serious consequences for refusing the post-arrest breath test—including a 12-month license suspension, even if you’re later found not guilty in court. However, following the proper legal steps may qualify for an Ignition Interlock Device (IID) permit, depending on your eligibility and filing deadlines.

Generally, Bubba Head will say to take the post-arrest breath test and then request to take the independent blood test.

Atlanta DUI Attorney William Head Knows the Intoxilyzer Breathalyzer Inside and Out

Very few DUI lawyers in America are qualified to write about how to pass a breathalyzer test—and for good reason. Most DUI defense attorneys have only received brief, surface-level training on the Intoxilyzer 9000, often in 1- to 6-hour seminars. Despite these credentials, almost none have had hands-on access to the breath testing machine used in Georgia DUI cases.

Attorney William C. “Bubba” Head is a rare exception.

In February 2017, Mr. Head conducted direct testing on the Intoxilyzer 9000 at a private facility in Texas. Working alongside respected breathalyzer experts Jan Semenoff (Saskatchewan, Canada) and Thomas Workman (Taunton, Massachusetts), he ran simulated tests using a calibrated wet bath simulator—the same setup used by law enforcement to ensure accuracy. The testing exposed real-world malfunctions, confirming many of the same flaws seen in Georgia’s previous breath machine, the Intoxilyzer 5000.

The purpose of this field testing? Mr. Head co-chaired a Georgia DUI Law seminar for the Georgia Association of Criminal Defense Lawyers (March 3–4, 2017). He wanted to present video evidence of the Intoxilyzer 9000’s vulnerabilities to attending attorneys. That footage, presented by Workman and Semenoff, revealed multiple mechanical and procedural weaknesses—some of which mirror issues documented decades earlier.

This wasn’t Mr. Head’s first deep dive into breath testing science. In 1996, he sponsored and led a 4-day, 32-hour intensive course for DUI lawyers nationwide.

Attendees—including Mr. Head—were allowed to operate and disassemble Intoxilyzer devices. In one clip from that training, a cell phone is shown interfering with test results without being flagged by the machine’s RFI (radio frequency interference) sensor. Another video captures the full disassembly of the Intoxilyzer—demonstrating firsthand knowledge of its internal workings.

This hands-on background gives Mr. Head an edge few others possess. He doesn’t just understand the legal implications—he knows how these machines work (and fail) from the inside out.

Our Atlanta DUI Lawyers Are Here to Help—24/7

Call DUI attorney William C. “Bubba” Head anytime—day, night, or weekends—for a free consultation about your DUI case. Alongside his award-winning partners, Cory Yager and Larry Kohn, Mr. Head leads one of Georgia’s most experienced DUI defense teams.
Call 404-567-5515 now.

All three attorneys are recognized Georgia Super Lawyers and have built reputations for winning tough DUI cases statewide.

If you’ve been arrested for DUI, don’t assume the breath test is unbeatable. Whether your BAC was above the legal limit or you refused testing altogether, we know how to challenge flawed procedures, faulty devices, and officer error. With decades of courtroom success, our team will help you fight back—because you have too much to lose to plead guilty.