While driving to work at 6:15 in the morning, our client was stopped for failing to stop at a stop sign.  The officer spoke with our client, smelled alcohol, saw that he had bloodshot and watery eyes, and asked our client to submit to field sobriety tests.  Our client submitted to the horizontal gaze nystagmus (HGN) test, the 9-step walk-and-turn test, and the one-leg stand test.  Our client showed 4 clues on the HGN, 2 clues on the walk-and-turn test, and 1 clue on the one-leg stand test.  After being arrested for DUI, our client was read the implied consent advisement and he agreed to submit to the state-administered breath test on the Intoxilyzer 5000. 

After submitting to the state-administered breath test, which showed that he had a breath-alcohol content level of 0.174 grams, our client elected to have an independent test performed.  The officer took our client to the hospital for blood; however, a blood test was never performed despite our clients repeated declarations that he wanted a blood test. 

At the motions hearing in this case, the Cherokee County State Court granted our motion to exclude the state-administered breath test.  After being called in for trial, the state offered to dismiss our client's DUI charge in exchange for a plea to reckless driving.  Our client accepted this offer, obtained a no contest to reckless driving, suffered no license suspension, and suffered no jail sentence.  Yes, DUI cases with exceptionally high breath test results can be won.  However, you must have DUI lawyer that knows Georgia DUI law and is willing to fight to protect your rights.