One thing that the cops oftentimes forget with DUI arrests is that it is not illegal to have one or two drinks and then drive home. It’s only illegal if they believe that you are impaired from drinking, or if they think that they can prove that your blood alcohol, or breath alcohol, is above a certain limit in the state of Georgia.
The officer can still write to a citation and still arrest you for DUI if the breath test is below 0.08. They can say that even with a lesser amount of alcohol in your system, you were still less safe to drive. What they can also say is that it wasn’t alcohol that was making you less safe. They could say that it could be prescription medications. They could say it could be marijuana. They could say it could be a combination of things that were making you an unsafe driver and so the breath test or the blood test is not the end-all, be-all. That’s just one piece that the prosecution uses to charge you for DUI.
That’s why it’s important to have an experienced defense attorney, especially one that knows DUI law and how to attack it, to protect you and your rights when you’re arrested for DUI.