My client, (I will call him Kevin) was arrested by the Pooler Police Department in Pooler, a municipality of Savannah, Georgia, Chatham County. He was charged with four DUI related traffic offenses. The police officer wrote in his report that Kevin drove in the left hand lane going 50 m.p.h. for several miles and there were no cars in the right lane. The officer pulled Kevin over and when he was at the window he smelled alcohol. He asked Kevin where he was coming from. Kevin replied, “Bahama Bob’s.” The cop asked Kevin if he drank. Kevin said he had drank his last drink about an hour ago. The officer said Kevin’s face was flushed and his speech was slow and slurred, and that Kevin struggled to remove his license from his wallet.
Arrested for DUI in Pooler
The officer asked Kevin to get out of his car and do some Field Sobriety Tests. Kevin did as asked. He took the three required DUI field tests: Horizontal Gaze Nystagmus test, Walk and Turn, and One Leg Stand. He then took the Preliminary breath test. This showed the presence of alcohol. The officer concluded that Kevin failed all three of the tests and arrested him for DUI less safe. The cop then read Kevin the Implied Consent Rights and asked if he would take a breath test. Kevin said, “Yes.” He took the test and blew a .128 into the Intoxilyzer 5000 police breath test at the Pooler Police Station.
Eventually, Kevin was given the opportunity to plead his DUI down to Failure to use due care, and all other charges would be dismissed. He took it.
Here is the deal
- DUI alcohol (breath test) – 40-6-391(a)(5)
- DUI less safe (alcohol) – 40-6-391(a)(1)
- Must apply for new license within 60 days of moving to a new address – 40-5-33
- Impeding the flow of traffic – 40-6-184
- Reduced to Failure to use due care