Question: I'm pregnant and I got a DUI. I was out with my husband and he was drinking some beers at the Atlanta Braves baseball game. I didn't think he should drive home so he let me drive. He actually went to sleep in the back seat of the car and vomited there.
I was driving to our home in Lawrenceville when I was pulled over by a Gwinnett County policer officer. I was really tired and not feeling very well and I said some things to the cop that I should not have said. I said he looked stupid. I think that got him angry.
The cop noticed my husband in the back seat with his pants done and covered in vomit and asked me if I'd been drinking and I said I hadn't had anything to drink.
He asked me to do some tests for him. I didn't do well on the tests. My balance is way off because of the pregnancy and I really didn't do any of the tests well. I couldn't raise my leg and I couldn't walk a straight line. I definitely looked like I was buzzed. I'm 7 months pregnant so he could tell I was pregnant.
I didn't take the breath test because everyone says not to take the breath test. Finally I was arrested for DUI. The cop took my license.
Have you ever handled DUI cases for pregnant women?
Answer: We have defended pregnant women charged with DUI. It is well-known that pregnancy can cause clumsiness. Add in the extra weight you're carrying and the shifting center of gravity as your uterus grows, and field sobriety tests to detect drunk drivers become much more difficult to perform. Also, your balance worsens as hormonal changes cause ligaments to loosen.
It needs to be explained to the prosecutor exactly how pregnancy can cause a poor performance on field sobriety tests. There have been enough scientific studies to demonstrate this beyond a doubt.
You state that you refused to take the breathalyzer test. Some attorneys do say that it is never a good idea to take the breath test. This can be bad advice, however. If you have not been drinking, of course, then you certainly should take the breath test. A negative reading will go a very long way to having your DUI charged dropped or reduced.
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