Josh was charged with Driving Under the Influence (DUI) 40-6-391 (a)(1-5), and had a DUI breath test of .132 %; and Failure to maintain lane 40-6-48. At the preliminary hearing in the Chatham County Recorder’s Court in Savannah, Georgia, the Failure to maintain lane charge was dismissed. Josh plead guilty to Reckless Driving and the DUI breath test went away.
DUI Police Report
I was on I-16 at the mile marker 165 operating stationary radar. I observed a vehicle traveling westbound with no tail lights on. As I approached the vehicle I noticed the vehicle was failing to maintain lane. I stopped the car at the 164 mile marker on I-16. I walked up to talk to the driver. At the window I smelled a strong odor of an alcoholic beverage in the car. I noticed that Josh’s speech was slow and slurred. I also noticed the driver’s eyes were watery and bloodshot. I also noticed an open container of what looked like beer in a styrofoam cup in the center console. I asked Josh to get out of the car with his driver’s license and talk to me. I asked him about the beer and he said it was a beer he didn’t finish at the restaurant. I took his license. I noticed that he smelled strongly of an alcoholic beverage. I asked him how much he had to drink tonight, and he told me one beer. I performed standardized field sobriety tests (SFST’s) on Josh and the results are on the DUI part of this report. I checked Josh on the Alco-Sensor preliminary breath test and got a positive response for alcohol. I arrested Josh for DUI. I placed him in my patrol vehicle. I read Josh the Georgia Implied Consent Notice for Suspects over the age of 21. Josh agreed to take the breath test. I took Josh to the Chatham County Jail. I set up the Intoxilyzer 5000 breath test and Josh gave breath test samples of .132 grams blood alcohol content and .141 grams. Josh then asked to take it again. I set it up again and Josh gave samples of .143 grams blood alcohol level and .145 grams.