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Novelty Breath Test iPhone App Convinces Driver She Was Sober; Charged with DUI

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. There were more than 10,000 traffic fatalities in 2010 involving a driver with a blood alcohol concentration (BAC) of at least 0.08 percent, equivalent to almost one-third of all traffic deaths.

 

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

 

There are over 1 million iPhone apps available but none can measure a driver's blood alcohol content. However, a 23-year-old driver in another state mistakenly believed that her novelty app could measure the alcohol content of her breath and relied on the information.

 

The driver was stopped in the early morning hours for driving the wrong way on a one-way street. She told a police officer that it was impossible for her to be intoxicated because she had tested herself on her iPhone before driving.

 

The driver failed a field sobriety test and had her blood alcohol content taken twice at the police headquarters, measuring her blood alcohol content (BAC) at 0.134 percent and 0.120 percent, both over the legal limit of 0.08 percent.

 

The novelty iPhone app the woman used was intended dissuade an intoxicated person from driving. The user enters an elevated blood alcohol level before the "measurement" and the pre-entered reading is revealed when the intoxicated person blows on the phone. However, because the driver did not enter a number into the app before blowing it revealed a "zero reading" when she blew on the phone.

 

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