Question: I got a DUI in Johns Creek a few days ago. I was coming home from a bachelor party and I got stopped for racing. The police officer said that he watched me race another car. He said he clocked me at 45 miles per hour above the speed limit. I know that my new Mustang is fast but I try not to go that fast even if I'm kind of playing with my friend who has a Maserati. I even have a radar detector that usually works pretty well.
At the bachelor party I did have a few drinks but I tried to stay fairly sober and not get that drunk. I was actually the designated driver and I drove a couple of guys back home to Alpharetta and Milton. But on my way home I was pulled over.
My question is about the breath test. I took the breath test at the jail and I blew a .093. I know that if you blow below a .08 you can't be charged with DUI. But since I'm pretty close to a .08 do you think that will help me?
Answer: Even if you take the Breathalyzer test and blow below a .08, you CAN still be charged with DUI under Georgia law. If your blood-alcohol concentration is below .08 you can be charge with DUI- less safe. We have seen people charged with DUI who have blown as low as .04. DUI less safe means, generally, that you are less safe driver due to the ingestion of alcohol. Certainly, the lower the BAC (blood-alcohol concentration) the better the chance of having the charge reduced.
As for your case specifically, we would need to know some more facts before offering an opinion. A big factor in getting a potential reduction of the charges is whether or not this is your first-ever DUI. If it is not a first DUI, things become more difficult.
We'd also like to know about your interaction with the Johns Creek police officer. If the interaction was more or less civil between you and the cop, that would help because the prosecutors at the Johns Creek Municipal Court may ask the officer if he would be amenable to a reduction of the DUI charge.
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