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 of Georgia v. C. Q. Gwinnett County State Court
Our
client was arrested by officer employed by the Norcross Police Department.He was arrested for DUI in Gwinnett County , and chargd with failure
to obey a traffic control device, failure to yield while turning left, and DUI.
After our client was stopped, the arresting officer his vehicleand smelled an
odor of alcohol on his breath.The
officer administered field sobriety tests, including the HGN, one-leg stand,
and walk-and-turn tests.The officer
claimed our client failed all field sobriety tests.Our client submitted to the state's breath
test which showed very low alcohol concentration in his breath -.053 and .052.Our client hired us after he bound the case
over to Gwinnett County State Court and just prior to a jury trial.After we announced ready for trial, the
solicitor agreed to dismiss the DUI and failure to yield charges.Our client pled guilty to disobeying a
traffic control device. Our client, who was seeking his Georgia CDL , was allowed to continue on in pursuit of his employment goals as a result of this excellent result attained by our Georgia DUI lawyer .