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I was charged and a dui less safe and had a BAC of .31 mircograms can i get the charge dropped?

Gainesville, GA |

I was pulled over and was asked if they could search my vechical, i told them they could not. they called another cop car had the k-9 walk around and said that the dog hit and started searching my truck. they did not find anything but they said that i failed to test and that i was going to jail for a dui they never told me what i was being pulled over for until after i was in handcuffs. they took my blood and I recieved the toxicology report saying I had .31mircograms of xanax in my system. but everything else was negitive for drugs. I do not know how I got that in my system, but that is way less than the legal limit and I want to know if i can have my charges dropped.

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Attorney answers 4


You should hire an attorney and fight these charges. There are number of challenges you can make and an attorney can assist you with these challenges. You do not want to go to court without one.

Feel free to contact my office if you would like to discuss.

Wesley Hill
(678) 994-4091

This response does not create an attorney client relationship nor should the advice be relied upon because it is not specific to your legal situation. Before you depend on legal advice, you should retain competent counsel.


A good attorney has an argument for your case. The prosecutor will not likely scrap te case without some negotiating though.

Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.

Sean Aaron Black

Sean Aaron Black


Your lawyer will need to do research and possibly consult with a pharmacologist about this drug level to help determine whether such a level could impair you.


I agree with the other answers; the prosecutor will probably not simply drop the case, but a good attorney can help you fight the case. Your situation raises several questions, including why did they pull you over in the first place, how long were you detained, what were their reasons for suspecting drugs, did they have probable cause to arrest you, and was the blood drawn under consent or a warrant? Improper police procedures can result in that chemical test being thrown out, and depending on the specifics of your case, you may be able to get a reduction to a lesser charge, some sort of diversion program to keep this off your record, or perhaps even a dismissal. Give us a call if you would like to discuss these very serious issues with your case, at no charge. 404-987-0245. Best wishes to you.


There are several issues in your case: Illegal stop; Unreasonable delay; no probable cause to arrest. Further, to prove a DUI drugs, the State must prove that you had illegal drugs other than marijuana or that you were incapable of driving safely because you ingested Xanax. There may even be a equal protection challenge available if you did not have a prescription for Xanax. Finally, the Georgia Crime Lab has a history of sample switching. According to the crime lab, these errors have been corrected but some experts disagree. You should hire a qualified and experience DUI attorney to fight your case.

No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this response is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI.

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