Can my DUI charge be “beaten” if I submitted to the state-administered test of blood, breath, or urine and if the test result showed that the content of alcohol in my blood or breath was greater than .08? 

YES. DUI charges can be “beaten” despite the fact that the state has a test result that allegedly shows that the alcohol content in your blood or breath was greater than .08.  In many cases, the state cannot show that the blood or breath test was obtained legally.  

• • The stop of the vehicle must be legal.
  • The questioning (including the administration of “Field Sobriety Tests”) of the accused must be legal. 
  • The arrest of the accused must be legal.
  • The arresting officer must properly inform the accused of Georgia’s “Implied Consent” law. 
  • The blood or breath test must be properly administered.

Even if all of the state properly crosses each of these hurdles, a DUI charge can STILL BE BEATEN.  The state-administered test, like any other test, contains errors.  At McIlhinney & Sessions, we are prepared to challenge these test results at every stage of your case.