Client was involved in a single car accident where Atlanta Police responded to investigate. Client was shaken up by the accident, but agreed to field sobriety where client performed poorly. The officer read the implied consent notice for a state breath test before our client was placed under arrest. Because the officer only charged our client with DUI per se (being over .08), the prosecution was not able to have an admissible breath test at trial as the statute requires an arrest before the officer can request a breath test under these specific circumstances under Georgia law. Mr. Sullivan was able to convince the prosecution to drop the DUI charge and client entered a plea to minor traffic offenses.
