Under most circumstances, I advise caution in agreeing to take the State Breath or Blood test after being arrested for DUI
. The reason is, particularly in alcohol cases, it is difficult to know when your blood alcohol content (BAC)
is above a .08. The higher above a .08 you register, the more difficult it becomes to successfully defend a DUI
“per se” case. Additionally, Georgia’s breath test is not necessarily scientifically accurate
. There are certain situations, however, where agreeing to a blood test can help your case, and this is when you are suspected of DUI while under the influence of prescription drugs.
In these types of DUI, the State must prove beyond a reasonable doubt that you were under the influence of a prescription drug to the extent that it renders you incapable of driving safely.
This month’s case involved my 18 year old client who had a blowout on I-85 and scraped the median wall. She was on at least 4 different types of prescriptions, including 2 anti depressants. In this case there was a video, which helped our case, because while she looked nervous on the video, she did not look impaired. A Gwinnett County DUI Task force officer
arrested my client after “forming an opinion that my client was impaired by a drug”, due to her performance on the walk and turn test, and after her admission that she took prescription drugs. After the arrest, the client agreed to the State Blood test.
The blood test
came back only as positive for geodon, which is a drug which has the affects of an anti depressant, but is NOT an anti-depressant. In addition the test only came back as positive, but did not have a quantitative amount. Hence, the officer was unable to prove that she had the physical manifestations of impairment due to Geodon, and the judge entered a verdict of NOT GUILTY!