State of Georgia v. L.H. (Carroll County State Court)

The Defendant was stopped for speeding at approximately 4:00 P.M. on a Friday afternoon. After administration of field sobriety tests he was arrested for DUI. The client’s friend who bailed him out of jail testified that the Defendant had flu-like symptoms and that he became ill a couple of days later. The Defendant’s wife testified that both of their daughters later "came down with something" and that the Defendant’s temperature was 102 degrees Fahrenheit the day after his arrest. Our expert witness explained that the Intoxilyzer 5000 used in Georgia makes no adjustments for breath temperature but assumes that everyone’s is 34 degrees Celsius. Despite the breath test result of .097 (this arrest occurred after the per se limit in Georgia was reduced to .08), the jury acquitted the Defendant after deliberating for 45 minutes.