Aerosol glue and vapors | Atlanta DUi lawyer

At the 1996 Session of the General Assembly, the legislators passed S.B. 560, which was codified as O.C.G.A. § 40-6-391(a)(3). S.B. 560 expanded O.C.G.A. § 40-6-391 to include in the crime of DUI driving under the influence of any glue, aerosol or other toxic vapor to the extent that it is less safe for the person to drive. To prove such cases, the State will need expert testimony to establish quantitative levels of such chemicals in sufficient quantities to cause “less safe” driving, not just the mere presence of toxic vapors in the suspect's blood. No “charts” or “per se” limits exist for toxic vapors, so don't allow scientifically unreliable evidence to convict your client. Cf. Carr v. State, 222 Ga. App. 776, 476 S.E.2d 75 (1996).
Once again, defense counsel must bring in an expert witness for the defense to refute any "wildcat" claims by GBI personnel that only a certain level of such chemicals in a blood test will cause "impairment." Defense counsel should challenge these claims based upon correlation to the time of driving, experience level and actual expertise of the GBI witness, or possibly based upon the client's incidental exposure to these "vapors" during work or at home. Contact an atlanta dui attorney for a free consultation.

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