In many cases, many drivers think that the case of a DUI is solely dependent on the breath test number. They believe that if it comes up under .08, the case should be dropped. Not necessarily in Georgia. Georgia law defines more than one type of DUI case, and a person can be charged with DUI without having a BAC over the .08 limit.
At this point, an Atlanta DUI Lawyer might consider the possibility of a “per se” DUI vs. a “less safe” DUI. A per se DUI typically targets the alcohol concentration number. A safer DUI will determine whether use of alcohol or drugs, or a combination of alcohol and drugs, rendered the individual unfit to drive.
That difference matters. An Atlanta DUI Attorney will tell you that the state can attempt to prove someone impaired even if their breath test is low, never taken, disputed, or not taken at all. The officer can refer to driving behavior, smell of booze, speech, eyes, balance, Field Sobriety tests, admissions, or bodycam.
A DUI Lawyer Atlanta can contest that type of case as there is no scientific proof of officer observation. Confusion may be a symptom of nervousness. Fatigue can manifest as impairment. Medical problems may cause changes in balance. The eyes can be affected by an allergy. One drink can make a person smell like beer does not mean that the person was less safe to drive.
That’s why a DUI with .08 may be more subjective than you might think. The state might not have the “number case” it desires, and may thus rely heavily on the arresting officer’s opinion. A DUI Attorney Atlanta can review if the officer had sufficient evidence to stop the vehicle, extend the stop, request field sobriety tests, make an arrest, and request chemical testing.
The driving pattern is often important. A driver that is accused of weaving all over the road could be charged with a different crime as compared to a driver who is pulled over for a tag light, speeding, or not signaling. An Atlanta DUI Lawyer might have an argument for the state trying to make what they consider to be normal behavior evidence of DUI.
Another big problem is the field sobriety tests. Shoes, road surface, weather, flashing police lights, anxiety, age, weight, injuries and medical conditions can all impact these tests. While vehicles pass by them, some drivers are requested to take a test on the side of a busy Atlanta road. But that isn’t a tranquil medical exam. An Atlanta DUI Attorney can watch the video to check if tests were explained, proper demonstrated or scored.
While a low blow may not be a dismissal, it can be a very good defense point. If the test was below .08, the defense can question why the officer was convinced that the driver was not as safe. Did there seem to be bad driving? Was the person falling down? Or did he just mean to slur his words? Was the video accurate according to the police report? Was officer’s description of impairment exaggerated?
A DUI Lawyer Atlanta may also take into account the period that the test was taken. Levels of alcohol can fluctuate. The station number might not exactly match the number when you’re in the car. The state will attempt to show that the driver was more impaired previously. Depending on the delay in testing, the drinking history and the timeline, the defense can argue the opposite.
In some instances there is no breath result at all. The driver might have declined the state test, the machine may not have given a proper test result, or the officer may have asked for a blood test. A case may rely even more heavily on the officer’s observations without a number. A DUI Attorney Atlanta can check to see how the implied consent warning was handled and if any refusal is legitimate.
Drug cases can have similar issues. A person could have a positive test for a substance, but the presence of a substance does not necessarily mean unsafe driving at the time of the stop. The state has yet to link the evidence with impairment. This is particularly true for medications meant for prescription use, marijuana and substances that can still be found long after a user has stopped using them.
The bottom line is that it’s not always a case of “no DUI” if the blood alcohol content is under .08, but it can be a very different type of defense. The state is still required to show that the driver was a less safe driver or otherwise broke Georgia DUI law. A weak driving record, low traffic stops, inconsistent police video, medical explanations, or a low number of traffic stops can all be important.
Don’t assume that a case for DUI in Atlanta where the blood level is below .08 will go away nor should one think that the case is hopeless. The number of stops, the video, the stop, the officer’s claims, and the license deadline can be reviewed by James Yeargan or another qualified defense professional. An Atlanta DUI Lawyer knows the difference between actual evidence of less safe driving and merely assumptions cloaked in the guise of evidence.
