The Georgia Supreme Court has reversed DUI convictions against Emily Marie Davenport, arrested in Cobb County, and Lisa Yeary, arrested in Gwinnett County, and ensured accused drunk drivers have access to critical out-of-state witnesses.
Trial judges blocked the women from subpoenaing witnesses and records from the manufacturer of the Intoxilyzer 5000 to challenge their respective .156 and .179 breath-test results.
State law for intoxication is .08.
Davenport said she may have taken an asthma medication that skewed the breath-test result. Yeary argued the machine didn't compensate for radio frequency interference from cell phones.
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