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. M.O. - Gwinnett County State Court DUI
State of Georgia v. M.O. - Gwinnett County State Court DUI
Our client was charged with DUI in Gwinnett County, Georgia after he was involved in an accident in a restaurant parking lot.After an officer of the Gwinnett County Police Department arrived on the scene, our client was arrested for DUI.Our client submitted to all of the officer's requests, including the state-administered breath test on the Intoxilyzer 5000.The results of the state-administered breath test showed that our client's BAC was .09, so our client was charged with two types of Georgia DUI charges - DUI per se and DUI less safe.Our client's DUI case started in the Gwinnett County Recorder's Court but was bound over to the Gwinnett County State Court for a jury trial.At the motions hearing, Georgia DUI lawyerBen Sessions successfully argued for the exclusion of the state-administered breath test and obtained a transcript that proved critical in establishing the defense that ultimately earned our client a not guilty verdict at his DUI trial. At our client's DUI trial, the state relied upon the testimony of the arresting officer and a manager for the restaurant where the accident occurred.Ultimately, those witnesses were not enough to establish that our client was guilty of DUI under Georgia law.Our client was only charged with DUI, so after the not guilty verdict, he walked from the courtroom with no fines, no license suspension, no probation, and criminal or traffic offense on his record.