Client was pulled over by a Gwinnett County Police Officer after he spotted her driving on the sidewalk. The officer smelled an odor of alcohol coming from her breath, noted in his report that her eyes were bloodshot and watery, and client admitted drinking. After a review of her case, we urged the State to dismiss the DUI due to the low test result and the minimal manifestations of impairment. The State eventually agreed. Client was thrilled that we avoided a DUI conviction, saved her driver’s license, and that she did not have to return to jail. Client assumed that since she blew over the legal limit, a DUI conviction was automatic. And, had she hired an attorney who was not well-versed in the caselaw differentiating what evidence is and is not sufficient for a conviction for DUI, her case may have turned out differently.
