DeKalb County State Court: Refusal and Speeding – DUI Dismissed

Client pulled over for speeding on Ponce de Leon Avenue. Officer noticed wristbands from a bar on client’s wrist and suspected him of drinking. Report noted many of the usual manifestations of impairment – strong odor of alcohol, slurred speech, and clues of impairment on the standardized field sobriety evaluations. Client was arrested for DUI and Speeding but he refused the State’s request for a chemical test. While viewing the video, we heard a conversation between two officers after they had dropped off our client at the jail. The arresting officer told the assisting officer that the DUI charge against our client would likely be dismissed. When we approached the State with that information and urged a dismissal of the DUI charge due to a lack of evidence showing impairment, the State refused. After motions were heard in the case, the State finally agreed to dismiss the DUI. Client entered a plea to Reckless Driving and was thrilled that we were able to save his license, keep him out of jail, and avoid a DUI conviction!