Smyrna Municipal Court: .141 Breath Test – DUI Dismissed

Client was pulled over in Smyrna, Georgia for making an improper turn and driving with no headlights. The report noted that client smelled of alcohol, had slurred speech, and admitted to drinking three beers that evening. Client agreed to perform field sobriety evaluations and the video showed a mediocre performance on those evaluations. A breath test was administered at the scene and the result showed positive for alcohol. Client was subsequently arrested for DUI. When the officer read Georgia’s Implied Consent Notice, he gave our client some misleading information that led our client to submit to the state-administered breath test. At the City of Smyrna jail, our client blew a .141 on the Intoxilyzer 5000. We fought hard to convince the Prosecutor that the incorrect and misleading information persuaded our client to submit to the breath test. The Prosecutor eventually agreed and we resolved the case with a plea to Reckless Driving. Client’s license was saved, he stayed out of jail, and he avoided a DUI conviction!