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I wasn't drunk, it was a carbon monoxide leak

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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When you get arrested for DUI in Forsyth County, GA, we're here for you. Your choice for your Forsyth County DUI lawyer is crucial. That's why our knowledge, experience and track record is key to your defense. We're always here for you, day or night. Just call us at 678-215-4106.

We've served as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney. If you need a DUI lawyer in Cumming, call the Sherman Law Group any time, day or night.

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