State of Georgia v. D.S. (Carroll County State Court)

The Defendant was stopped for allegedly failing to maintain lane after leaving a local restaurant. On the video he appeared to complete the field sobriety tests in an acceptable manner, but he was arrested, primarily on the basis of the alcosensor (portable breath testing device) results. He consented to a breath test on the Intoxilyzer 5000, and the result was .108. Our expert witness testified about the effect on breath test results of elevated core body temperature and the effect of inhaling copious amounts of diesel exhaust. A co-worker testified that the Defendant operated the most "raggedy" crane on a construction site and was either enclosed in his non-air conditioned cab or exposed to diesel fumes that the co-worker could not tolerate if he opened the door. The jury deliberated for four hours before finding the Defendant not guilty of all charges.