Media outlets in Georgia have reported that a member of the Canton City Council was charged with driving under the influence of alcohol following a routine traffic stop during the early morning hours of May 14. Breath tests conducted after the 40-year-old man was taken into custody allegedly revealed his blood alcohol concentration to be 0.119. He was released from the Cherokee County Adult Detention Center later in the day after posting a $1,560 bond.
There probably aren't too many people in Georgia who equate going on a diet with being at an increased risk of failing a field sobriety test. However, this is exactly what could happen for some individuals on a low-carb keto or ketogenic diet. Because of the way this diet affects processes within the body, a breath test may produce false positive results.
There is no single test that can determine if a driver in Georgia or anywhere else is driving under the influence of drugs such as marijuana. However, it may be possible to determine if a driver has THC or other controlled substances in his or her system. This may be done by drawing an individual's blood and checking for any substances that could cause impairment. Police officers may be able to obtain warrants for blood draws electronically.
When considering the dangers posed by motorists who are driving under the influence, most Georgia citizens immediately think of alcohol abuse. While the majority of illegally impaired drivers continue to be due to alcohol consumption, drugged driving has seen a dramatic increase. Drugged driving may include legal use of one's own prescription drugs, abuse of another's prescription drugs, or legal or illegal marijuana use.
Criminal defense attorneys in Georgia and around the country will generally challenge drunk driving charges by questioning the validity of toxicology test results or pointing out procedural errors made by the police officers involved, but there are situations where an affirmative defense may be mounted in DUI cases. When criminal defendants mount an affirmative defense, they admit that they committed the crime in question but provide evidence that they hope will negate their behavior.