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Breath test reveals UGA student was not intoxicated while driving

No one should have to face legal or social penalties for an offense they did not commit. However, there are instances when Athens residents are wrongfully arrested and charged with criminal offenses such as drunk driving.

Sometimes police make unlawful traffic stops when they have a hunch that a driver might be under the influence of alcohol. But even when a traffic stop is conducted lawfully, police might make inaccurate observations that could lead to DUI charges. In other cases, field sobriety tests might not be administered correctly. Considering these circumstances, it is often beneficial to consult a criminal defense attorney after a DUI arrest.

One University of Georgia student was fortunate enough to have his DUI charges dropped after he was arrested for allegedly driving drunk earlier this month. Initially, a police officer claimed that the student showed signs of intoxication when he was pulled over. Within one hour of the student's arrest, the officer determined that the student no longer appeared to be impaired.

The student was pulled over by an Athens-Clarke County officer earlier this month after the officer noticed that the student was driving without his vehicle's headlights on. During the traffic stop, the officer claimed that he could detect the odor of alcohol. The officer also claimed that the student's eyes were bloodshot and that the student's speech was slurred.

The officer asked the student to take several field sobriety tests. After taking the tests, the student was arrested for DUI. While in police custody, officers administered two breath tests. The student took the tests and blew a 0.018 both times. In Georgia, the legal limit is 0.08. Police noted that these tests were taken within the first hour of the student's arrest. Based on the results of the tests, the student was acquitted.

Source: The Red and Black, "Student arrested for DUI, acquitted under breath sample," Erica Techo, July 9, 2012