A Gwinnett County Commission member was arrested for DUI Monday night while driving a county car after he failed three field tests for sobriety. Although the breath test for alcohol came back .000, he was still arrested.
"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.
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