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Georgia Woman Arrested for DUI Despite Clean Alcohol Breath Test

According to statistics from the National Highway Traffic Safety Administration (NHTSA), 2,597 people were killed in United States traffic accidents in December 2010. Of those, 775 deaths involved alcohol-impaired drivers. A 2006 study by the NHTSA estimated that there is one drunk driving fatality in the United States every 30 minutes.

 

Georgia's Driving Under the Influence Laws are complex. Georgia DUI injury attorney Shane Smith can sort through the intermingled laws that potentially create complications in a DUI case.

 

A Georgia woman who blew a zero on an alcohol breath test was nevertheless arrested for DUI. The driver, a preschool teacher, had a prior DUI arrest in 2005 and was traveling with her 3-year-old daughter in the back seat.

 

According to the police report the woman was apparently not driving under the influence of alcohol but it was suspected that she may have been driving under the influence of some other substance. The arresting officer is a state-recognized drug recognition expert (DRE) and his training led him to suspect that the woman was driving while under the influence of a substance which caused significant impairment.

 

The police report indicated that the driver struck another vehicle and hit a median. Despite this she continued driving. After the accident was reported an officer spotted the woman's vehicle and attempted to pull her over. She continued driving for more than a mile and allegedly failed to maintain her traffic lane while the officer followed her.

 

Upon pulling over the driver acknowledged that she had been in an accident and had left the scene. The officer suspected the woman of DUI, and administered a breath test which came back completely clean (a "zero reading").

 

The police report indicated that the driver had difficulty following instructions during a field sobriety test and she had trouble maintaining her balance. She was arrested for DUI and was taken to a hospital to have blood drawn. She claimed she did not have any drugs, medications or alcohol in her system when she was driving.

 

The driver was arrested for DUI drugs, DUI child endangerment, fleeing police, hit and run and failure to maintain lane.

 

If you have questions about Georgia DUI laws, get the answers in Clayton County DUI injury attorney Shane Smith's book, I Was Hit By a Drunk Driver: What Do I Do Next? Contact the Law Offices of Shane Smith to schedule a free legal consultation.


Shane Smith
Advocate for the Seriously Injured in Georgia