1st DUI In GA

[ren.noon]

What is the name of your state (only U.S. law)? GA

Hello,

I was arrested yesterday for driving under the influence of alcohol. However I was not drinking. I passed the field sobriety tests, like walking a straight line and that kind of thing. But the arresting officer said that the field breathalizer test was extremely high, but refused to tell me what it was. The arresting officer told me that I was talking like I was drunk. I tried to explain to him that I have a speech impediment and that I alway talk like that, but obviously he did not believe me.
When I was taken to the jail, I took another breathalizer and was told it was .02. The legal limit is .08. The officer at the jail told me that it was at the discretion of the arresting officer with limits this low.
This is the first time I have ever been arrested. I was well within legal limits at the jail. Is there a way I can find out what the field breathalizer test was? None of the officers would tell me.
The bondsman my wife got also told me to just plead guilty and save myself the attorney fees. That since it was my first time I would only get fined and have to go to DUI school. He told me that I would not lose my license. Does anyone else know how likely it is that I would lose my license?

Thank you for your opinion!

[BigMistakeFl]

If you plea "guilty" you will lose your license, among other penalties.

Do not plead "guilty".

You can speak with an attorney who can get a copy of the breath test results, but that too will cost you money. Still, it's better than a DUI conviction. If you were not drinking at all, I don't know why the test came back with any positive result. There have been successful convictions for person's with BAC under the so-called legal limit. I'd speak with a lawyer about fighting this.

[ren.noon]

Thank you for your reply! I'm not sure why it came back positive either. But I spoke with my doctor today and he was telling me that my acid reflux could have caused this. I thought that sounded crazy, but I'm going to do some research to fine out some more.
Thanks again!

[BigMistakeFl]

To use that as a defense you would need to push this toward a trial, and you would need to hire ($$$) an expert witness to testify in court. I would not be at all surprised if research shows that this defense has been attempted before. If the BAC test results were as low as 0.02%, that may be enough to get the case dropped. Again, only a DUI defense lawyer can really sort through it all on your behalf.