Question: Last week I was charged with a DUI in Forsyth County. But I don't think it was the alcohol that was the problem. I think I looked drunk because of a leak in my car that lets carbon monoxide into the cabin. So I want to tell the prosecutors that the problem wasn't booze but carbon monoxide. And I can get a note from a mechanic stating the carbon monoxide problem.
I was drinking but I really wasn't that drunk. It's not like I was blasted and stumbling and being stupid. I got stopped for weaving because the Forsyth deputy said he saw me all over the road. But I don't think my driving was that bad.
I got off work early and went with some buddies to a local bar in Cumming. I had a beer, 3 shots and a margarita. That's it. I wasn't that drunk; I know what drunk is. On my way home I got pulled over. I did all the tests and I only fell once, but that was because of the road conditions and I was cold. I did get sick, but that must have been from the leak and breathing those nasty fumes. The breath test only had me at .131.
So can I use the carbon monoxide leak to get out of the DUI? Is it a good DUI defense?
Answer: A carbon monoxide leak defense does not sound like a winner in your case. If you were to have a Breathalyzer test result that does not indicate an unlawful alcohol concentration (i.e., lower than a .08), then the leak claim might have greater validity to a jury or judge. But since you are well over the limit, that argument will not work.
In situations where the breath test is very low or a blood test does not reveal any drugs that could impair driving, then blaming poor performance on the field sobriety tests on something like a carbon monoxide leak or another car system defect might actually work.
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