DUI: Why was my breath test so high?

Question: It's really not like me to drink at all. I am always the designated driver. When we go out I'm the one who will just sip a water or soda or iced tea. I'll drink a little white wine but never more than two glasses.

So I'm still pretty shocked that I got arrested for DUI in Woodstock, GA. I was out with some sorority sisters from the University of Georgia and they had a lot to drink, as usual. I didn't want anything but I thought one drink wouldn't be so bad. But I actually had two drinks that my friend ordered for me. I guess the bartender made the drinks pretty strong.

When I was driving home I got stopped by a Woodstock police officer for speeding and failure to maintain lane. I took all his tests and thought I did well, except for a couple of stumbles which I thought were because of my new shoes.

When I took the breath test I got a .175. Maybe there was vodka, gin or bourbon in my drinks. I couldn't believe it was that high because I didn't drink that much. How did I get so drunk from just two drinks? What do you think?

N.J. in Woodstock

Answer: There are a number of possibilities for your high reading on the Intoxillyzer test. Everyone's body processes alcohol differently, so what might not greatly impact one person can have a major effect on another person. Size matters, so a smaller person might very well have a lower tolerance for alcohol than a larger person. But this is certainly not always true.

We have seen very small people who are only moderately affected by alcohol, and we have seen bigger people who are seemly intoxicated from one drink.

The amount of alcohol in each drink or beer can vary greatly too. Sometimes drinks are light on the alcohol, while other times the drink is mixed much more strongly.

These are just some of the possibilities. If you want to speak to us about your particular situation, just call us and we can spend some time discussing other possibilities and how they might impact your DUI defense.

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So when you need the services of a DUI attorney, make attorneys William H. Sherman and Valerie W. Sherman your first choice!

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