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Win Your Georgia DUI Breath Test

Posted by attorney Jason Cerbone

Win Your Georgia DUI Breath Test

“I had grown tired of standing in the lean and lonely front line facing the greatest enemy that ever confronted man -- public opinion. But, I went in, to do what I could for sanity and humanity against the wave of hatred and malice that, as ever, was masquerading under its usual nom de plume: Justice." Clarence Darrow

I've been working hard in Savannah, Georgia. Last week I was in New Orleans, Louisiana for the top level DUI seminar: Mastering Scientific Evidence in DUI Cases. I learned very much. I learned from the best DUI attorneys in the field. I do this, all to give you the best fighting chance. My favorite thing came from Mimi Coffey, the Texas DUI Defense lawyer ( She moves me -- majorly. Her website says: "It’s not the size of the dog in the fight, it's the size of the fight in the dog." - Mark Twain. This post and the ideas for it came from me watching and listening to Miss Coffey's presentation, "How to Win a Breath Test." Check out Mimi Coffey's Personal Blog on Politics, Society, and Social Injustice (

A breath test can ruin the best of cases. Breath test cases are hard. The odds are against you. The State’s breath device expert is coming to your DUI trial in Chatham County to tell the jury that the breath slip is right. Cold day in hell before the State’s chemist testifies you are not guilty. For most folks, a breath test slip is enough.

To win a DUI case, you need two things

To win your DUI case in Savannah, Georgia, you need two things: the jury must WANT to let you go, and they need a REASON that they should let you go. To make the jury want to let you go, they must like you. Sticking with Clarence Darrow again, “The main work of a trial attorney is to make a jury like his client." We’ll need your family and your friends to come to your trial and be there for you. Because if no one else cares about you, then why should the jury?

Spin the little alcohol dial and let the truth prevail

Spin the little alcohol dial and see how much alcohol it would take for you to blow .08. Also see what it would take for you to blow the number that's on your test slip. Bring in your fact witnesses where the two don't add up: what you drank that night and what the breath test says you drank. Let the truth prevail. If the Savannah jury wants to convict you despite knowing the truth, let it weigh on their shoulders and not my lack of trying.

About the 19th Annual Mastering Scientific Evidence in DUI/DWI Cases

There were lectures on DUI forensic science, DUI trial techniques, breakout sessions on training on the major breath test machines, and a mock trial with an audio and video feed of jury deliberations shown to us inside the main seminar ball room. It was wonderful. William C. "Bubba" Head (, Lawrence Taylor (, Don Nichols, and the late Joyce Reese started the seminar. Their mission was to educate DUI Defense lawyers on forensic science, including the many flaws in breath and chemical testing, and alcohol measurement devices. After 11 years, Head handed over the seminar to the Texas Criminal Defense Lawyers Association ( and the National College for DUI Defense (NCDD) ( Texas lawyer and NCDD regent "Troy McKinney is the General who made it so successful," says Gary Trichter, his Texas colleague and NCDD Fellow. Gary Trichter says the seminar is "the key to the bank and attorneys should embrace the science involved in DUI defense and not fear it."

Additional resources provided by the author

National College for DUI Defense

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