Woman accused of DUI despite blood alcohol level being below legal limit

On behalf of Dickman Law Offices, P.S.C. posted in Drunk Driving on Thursday, February 23, 2012

Drunk driving is a serious offense. If convicted, a person can face harsh penalties. However, when police in Kentucky arrest someone for DUI, they must follow proper procedures. People have rights, and in their quest to serve and protect, law enforcement cannot violate those rights.

Recently, a college student was pulled over for suspicion of drunk driving in a nearby state. According to police, the 21-year-old woman was driving erratically. When an officer pulled the woman over she apparently smelled of alcohol.

The officer asked the woman if she had been drinking that night. At first she told the officer that she had not had anything to drink. She agreed to take a breath test. When the breath test registered a blood alcohol level of .07, the woman admitted that she drank one bottle of beer.

The incident occurred in Georgia. Like Kentucky, the legal limit in Georgia is .08. Despite the woman’s blood alcohol level being below the legal limit, the woman was arrested and taken to the country jail.

Although the officer who arrested the woman may have suspected she was under the influence of a substance other than alcohol, they will likely need more concrete evidence to charge the woman with DUI and would certainly need more evidence to convict her.

The woman in this case, and others who face similar allegations, would likely benefit from working with an experienced criminal defense attorney. An attorney can investigate a case to determine whether or not law enforcement acted inappropriately. If it appears they did, an attorney can work to have any charges dropped or the level of charges reduced.

Source: The Red and Black, “CRIME NOTEBOOK: University officer shoots deer on campus,” Joshua Johnson, Feb. 23, 2012

Posted in: Criminal Defense, Drunk Driving