DUI mistake on ticket

[werking4sense]

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

I have a friend that recently got a DUI at a roadblock outside of an event. He blew .07 and they arrested him.

He only did the breathalyzer test but the cop checked on the actual ticket that he performed a blood test. Could he fight this on formality? He’s over 50 and never had a ticket or been in trouble with the law.

 

[HighwayMan]

What was he arrested for and actually charged with?

A mistake like that probably doesn't mean much, if all the other paperwork filed with the court is correct.

 

[werking4sense]

He was arrested for DUI and taken to jail. He blew .071. I thought the legal limit in GA was .08 but he was arrested and charged.

 

[HomeGuru]

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

I have a friend that recently got a DUI at a roadblock outside of an event. He blew .07 and they arrested him.

He only did the breathalyzer test but the cop checked on the actual ticket that he performed a blood test. Could he fight this on formality? He’s over 50 and never had a ticket or been in trouble with the law.

**A: are you sure the cop was not a vampire?

 

[HighwayMan]

He was arrested for DUI and taken to jail. He blew .071. I thought the legal limit in GA was .08 but he was arrested and charged.

.08 is a per se limit. If a person's BAC is .08 or higher the law presumes intoxication regardless of other signs of intoxication (or lack thereof).

However, I have in the past charged DWI for less than a .08 or with no test results at all (in cases of refusal) - simply based on my observations and articulation of signs of intoxication.

Certainly, depending on the individual, one can be "intoxicated" with blood alcohol levels below .08.

I charged a female with DWI once who blew a .04. She could hardly stand up much less drive.