Recently, an airline pilot for Air Tran was removed from his shift when the odor of alcohol was noticed on his breath. He was suspected of drunk flying and was asked to submit to a breathalyzer. The result was a .05 blood alcohol content. That is below the .08 limit that is used in Gwinnett County and the throughout the state of Georgia. However, for those who hold a commercial drivers license, or pilots license, and are operating a commercial vehicle when accused of DUI, the legal blood alcohol limit is only a .04. So he could be accused of a per se DUI under the laws of Georgia.
Breath tests are often blindly relied upon by DUI prosecuting attorneys. This is unfortunate as there are many reasons why the breathalyzer or intoxilyzer can be inaccurate. Often, the machine is not properly maintained or calibrated. Other times there is operator error. Gwinnett County prosecuting attorneys are often hesitant to admit that a breathalyzer is not an exact science.
If you or a close friend are facing a Gwinnett County DUI charge, there can be a lot at stake. Don't feel that a breath test over the legal limit automatically means you are guilty of DUI and must face jail time and a lost license. Let an experienced DUI attorney help. Call the Law Office of Richard Lawson today for a DUI case consultation.
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