Question:  It's almost like they don't want people to drink in Forsyth County, GA. My friends always tell me that the sheriff's office in Forsyth is trying to crack down on drunk drivers. And it's true because I got a DUI in Forsyth last Thursday night.

I was driving home from the mall in Cumming, where I had three beers and two shots, and the cop got me for speeding. I got mouthy with him and he didn't appreciate it and it just got him pissed and I think he wanted to find stuff to charge me with drunk driving. He found a couple of beers in the car and a bottle of booze in the back seat.

I did all those tests they want and then the cop arrested me and made me take a breath test at the jail in Cumming. I took it and it wasn't too high on the test; I blew a .109. I wasn't crazy high, but now I need to hire a Forsyth County DUI lawyer.

I was at a pool party, so of course I was drinking but I felt under control and I thought I could drive because I've driven in much worse shape and I haven't had any issues before this time, only something in Statesboro when I went to visit a friend in college.

I just don't think I should have gotten a DUI because I wasn't drunk and because I didn't score high on my test. I know they don't want to make drinking illegal and hurt all those bars and restaurants and clubs and party places.

S.S. in Cumming, GA

Answer:  Thank you for your questions. We address many of these questions on a daily basis with our DUI clients.

Prohibition

Interestingly, there will always be people who want to make drinking illegal. Some people don't like drinking for one reason or another, perhaps for religious reasons, safety reasons, personal reasons or they just don't believe that people should become intoxicated. In the 20^th century, of course, there was prohibition. Prohibition made drinking illegal everywhere throughout the United States. There will always be individuals who wish to outlaw drinking.

Blood Alcohol Content

The fact that you weren't “crazy drunk” is not a legal defense. In fact, under Georgia law, the prosecution does not have to prove or even allege that you were drunk. They just need to prove that you were a less safe driver because of drinking (or drugs). The fact that you took the breathalyzer test and had a blood alcohol content (BAC) of .109 gives the prosecution a strong piece of evidence to get a DUI conviction. Although it is possible that after we complete discovery they will reduce or even drop the charge.

.08 or Greater

Pursuant to Georgia law, a BAC of .08 or greater is considered DUI per se. While a BAC reading of .079 or below can be DUI-less safe. Of course, the lower the BAC reading, the better it is for the defense.

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