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State v. D.A. – .148 breath test

A concerned citizen saw D.A. getting sick on the side of the road and called the police. A Gwinnett County DUI Task Force officer arrived and found D.A. sitting on the pavement, throwing up next to his truck. The officer said he could smell a strong odor of alcohol from over ten feet away, and that D.A. admitted to driving, slurred his speech, and couldn't sit up without swaying. D.A. admitted he was driving, but told the officer he was sick from eating bad shrimp. D.A. was arrested for DUI and registered .148 on the breath test. Mr. Ryczek argued to the jury that D.A.'s breath sample was invalidated when D.A. got sick. The officer should have allowed D.A. to rinse out his mouth before taking the test. The jury found D.A. not guilty of DUI.