Breath Test Suppressed

Jeffery L. Dickerson

Case Conclusion Date:January 19, 2012

Practice Area:DUI / DWI

Outcome:Breath test suppressed, and DUI reduced to Reckless

Description:Our client was arrested by City of Atlanta police for allegedly failing to maintain her lane while driving on I-75/85 Northbound. Although she submitted to a chemical test of her breath, (which showed a BAC in excess of .08), we were able to keep the breath test result out of evidence based on the fact that the officer advised her of her implied consent rights prior to arrest, rather than at the time of arrest, as required by law. As a result, the DUI was reduced to Reckless Driving.