Can you be convicted of DUI if the results of a blood or urine test are positive for a controlled substance that you are not prescribed, even if the drug does not impair your ability to drive?
Whether to refuse the breath test in a DUI case and, if so, how to refuse is one of the most frequent topics that I am questioned about. This article addresses this important issue.
State v. C.C. Banks County Superior Court (Homer, Georgia)
Our client was under 21 years of age at the time she was arrested for DUI, and she faced charges of DUI - Per Se, DUI - Less Safe, Driving While License Suspended, and Speeding. Prior to trial, we secured the dismissal of her suspended license charge, and we successfully excluded the results of the breath test which would have shown that our client’s breath-alcohol level was more than 4 times the legal limit. With no breath test to rely upon, the State agreed to reduce our client’s DUI charge to minor in possession of alcohol.
Because our client was 21 years old prior to the entry of the plea to possession of alcohol by a minor, she suffered no suspension of her license.