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.110 Breath Test Gwinnett County

Practice Area: DUI and DWI

Outcome: Not Guilty

Description: Defendant was involved in a car accident. He was driving a Honda Prelude and lost control of his car. The vehicle spun around and airbags were deployed. When the police arrived, they noticed Defendant had slurred speech, bloodshot eyes, and was dazed. Defendant was arrested, given a breath test and blew .110. At trial, the arresting officer who was the head of the DUI task force and had trained all other Gwinnett DUI officers testified that he had been hit with an airbag and it was like getting punched in the face. He stated that the manifestations he observed were consistent with an accident as well as with a DUI. An expert witness testified that the results of a breath test could be erroneous based upon the interfering substances in the airbag. Defendant was acquitted of the DUI and found guilty of failure to maintain lane.

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