Attorney Richard S Lawson Quoted in Gwinnett Daily Post

"Richard S. Lawson, a Lawrenceville attorney specializing in DUI cases, said laws don't require DUI suspects be detained for any certain time before being released, provided they can post bond. The charge is a felony only when a defendant has a history of three DUIs or more.

Driver's licenses for DUI suspects are conditionally revoked only if their blood-alcohol content exceeds .08 percent or they refuse a Breathalyzer, Lawson said.

Lawson said the idea of breath tests malfunctioning isn't unheard of.

"It certainly can malfunction. Every machine is different," he said. "As to how common it is, I don't know."

A blood test was taken from the suspect but the results will not be back for at least four weeks.