You blew into an Alco-Sensor. Alco-Sensors are devices that test breath samples for the presence of alcohol. As the Georgia Court of Appeals in Keenan v. State, 263 Ga. 569, 436 S.E.2d 475 (1993) stated, Alco-Sensor results are not used as evidence of the amount of alcohol in a person’s blood. Rather, the Alco-Sensor is used as an initial screening device by law enforcement in determining probable cause to make a DUI arrest. The arresting officer may testify only to the general result of the test, that is, only whether the test was “positive” or “negative” for alcohol. So, yes, the test can be used against you, but not for the specific numerical result of the test. The officer can, however, testify that you tested positive for alcohol.

Under Georgia law probation is mandatory for a DUI. It may not have been your first DUI charge or you may have had other charges stemming from the same incident.

The Forsyth County prosecutors will likely try to introduce the Jesus Malverde statue as evidence that you were involved in illegal activities and to impugn your character. A Forsyth County DUI defense attorney will try to exclude the object because it is irrelevant and possibly highly prejudicial.