Client was stopped by the Dunwoody Police Department for driving 83 in a 55 mile per hour zone. The report had many of the usual manifestations of impairment: bloodshot and glazed eyes, strong smell of alcohol, admission of drinking, evasive answers when questioned by the officer, and a poor performance on the field sobriety evaluations. Client was arrested and taken to jail, where he submitted to a breath test on the Intoxilyzer 5000. He blew a .172, but asked the officer if he could get a second test of his blood. The officer told him that he would need to bond out before he could get a test of his blood. The Court of Appeals had excluded a breath test on this very same issue in State v. Terry, 236 Ga.App. 248 (1999). The State agreed to dismiss the Dunwoody DUI. Client entered a plea to Reckless Driving. His driver’s license was saved, he never returned to jail, and he avoided a DUI conviction!
