DUI

Chris was arrested for DUI less safe. He is a Savannah College of Art and Design (SCAD) student. He is an entrepreneur who has been featured on the cover of the Savannah Morning Newspaper. He couldn’t afford to have a DUI on his record for the rest of his life.

The Georgia State Patrol officer wrote in his report that the black BMW had an inoperable headlight when he stopped him on Oglethorpe Avenue. The officer smelled alcohol and asked Chris how much he had to drink that night. Chris said one drink. The officer asked him if he would take some field sobriety tests. Chris replied, “No.”

The officer placed Chris under arrest for DUI less safe (alcohol) – 40-4-391(a)(1); Driving under the influence – 40-6-391; and Violation of headlights requirement – 40-8-22. The officer then read him the Georgia Implied Consent card and asked Chris to take a blood test. Chris asked to speak to a lawyer. The police officer interpreted that as a refusal.

Chris hired me to fight his DUI charges. We were headed to a jury trial. But the judge dismissed all three charges at the Motion to suppress hearing in the State Court of Chatham County.

Judgment: DUI Dismissed at Motion Hearing

David is a Joint Terminal Attack Controller for the U. S. Air force. He was arrested for Failure to maintain lane, and DUI – Refusal. He fought the DUI, and won. He settled for Driver to use due care. The charge for Failure to maintain lane was merged. Here is what happened.

The Richmond Hill Police Department report said that David struck the shoulder line on three occasions, put on his blinker, and turned right. At the window the police officer asked David if he drank tonight. David said he had one beer. The cop wrote in his report, “I asked if he would submit to taking some field sobriety tests, which agreed. While attempting three standardized field sobriety tests, David stated he had medical conditions that prevented him from taking them.” The officer did not do any of the three field sobriety tests. He decided to give David the preliminary breath test, and then he arrested David for DUI. He read David the Georgia implied consent for suspects 21 and over (an orange card), and asked him if he would take a breath test. David said, “No.” He was arrested for Failure to maintain lane, and DUI – Refusal.

The officer asked David to do field sobriety test. David agreed. The officer then asked David if he had any medical problems that would prevent him from doing the tests? How would David know? He doesn’t know what the surprise tests will be. David told the cop that he has chronic knee problems from an earlier injury. David answered the cop’s interrogation questions. David never told the cop that, “he had medical conditions that prevented him from taking them.” For one, he doesn’t know what the tests will be. Second, David thought he had to do them. As David stood there, the officer decided not to do any of the three standardized tests, and told David to blow into the hand held breath test on the side of the road. Once again, David submitted to the officer’s demand thinking he has no choice. Then he was arrested.

Final Judgment: Bryan County GA DUI Gone for Military Officer