Question: I got arrested in Sandy Springs for DUI.  I was drinking pretty heavily at a local bar with a friend from work.  After I got pulled over for speeding I got out of the car, walked toward the police officer and threw up.  But at the bar I had a shrimp appetizer and I want to say that's why I puked.

I think that I say I got sick from bad shrimp then I won't have a DUI.  Since people get sick from bad seafood maybe that would be a good excuse.  I haven't had a DUI in over 10 years and I don't want another one.

At the bar I had the shrimp along with some craft beer, a Manhattan cocktail and a white wine spritzer.  I took the breath test and I got a .148.

I actually got sick on the Sandy Springs cop, but he said not to worry about.  I mean I only really got it on his shoes.

Anyway, do you think that's a good explanation?  Will it get me out of the DUI?

C.C. in Sandy Springs

Answer: I don't think that explanation will help you with the DUI case.  I don't think a prosecutor, judge or jury will believe that the reason you became ill was due to spoiled seafood.

It's probably best if the vomiting is not mentioned at all, especially in light of the fact that your breath test is relatively high at .148.  Your best chance to have the DUI reduced is to not have the prosecutor dwell of the vomiting.

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