DUI: What if I was really drunk?

Posted by William H. Sherman on Oct 27, 2016 | 0 Comments

Question:  Sadly, I received a DUI in Dunwoody two nights ago. The Dunwoody cop said I had to take the breath test or else my license would be suspended for a year. So I took the breath test at the jail and I got a high score. Now I'm worried that because I tested positive for alcohol and I got a high test result that I'll get more punishments than if I didn't take the test or if I took the test and got a low score for alcohol. I blew a .196, which I admit was high. That score surprised me.

I got the drunk driving charge because I went out after the Falcons football game and had some more drinks at a Mexican restaurant. I had several beers at the stadium and then I went out with some friends just to hang out after the game and get some nachos. We had a couple of beer and I drank a couple of shots of tequila. I didn't feel drunk, just buzzed. The beers were actually light beers so I wasn't worried about a serious buzz. But the beers were pretty big at the game and the shots were fairly potent, I guess.

I was out with my boss and I was driving so it was embarrassing when we got pulled over and I got arrested for DUI. My boss is cool and said he wouldn't hold it against me because he has a couple of DUI's from years back, before he started going to AA with his wife, who also had a drinking problem.

I want to hire the best DUI attorney in Dunwoody and I'm writing to you to find out if my high breath test score will cause me to get extra punishments in court. I definitely want to avoid any extra punishments.

P.F. in Dunwoody, GA

Answer:  Usually, a high blood-alcohol concentration (BAC) should not lead to additional punishments in Georgia. Georgia law does not differentiate between BAC levels. So, technically, a test result of .09 is no different than a test result of .29 under the law. Both results are DUI per se because they exceed .08.

However, a judge may impose additional conditions on the defendant with a higher BAC. That is at the judge's discretion. If a defendant has had a prior DUI charge, then a prosecutor is more likely to request more severe penalties if the person accused of drunk driving has a high BAC level on a breath or blood test. And that is particularly true if there is an accident involved.

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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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