Gwinnett DUI Breath Test Case: .089 (reduced to Reckless Driving)

Our client was stopped at a Gwinnett Police DUI checkpoint on Peachtree Industrial Boulevard.  The Gwinnett DUI Task Force Officer conducted an investigation after he smelled alcohol coming from our client.  Our client agreed to perform field sobriety evaluations and was arrested for DUI in Gwinnett County.   The Gwinnett DUI Task Force are the only Gwinnett Police Officers who have in-car videos, however at a pre-planned DUI sobriety checkpoint, those in-car videos inexplicably were not used.  Our client agreed to submit to the state administered breath test and the result was a .089.  The legal limit in Georgia is .08.  The intoxilizer machine displayed an unexplained error during our client’s breath test.  Mr. Sullivan and Chestney & Sullivan Law Firm are well known for challenging the constitutionality of DUI sobriety checkpoints as well as the admissibility of state administered breath tests.  Mr. Sullivan was setting this case up for appellate review.  On the day of a motions hearing, the Gwinnett County DUI prosecutor agreed to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving. 

DeKalb DUI (.172) – DUI Dismissed

Client was stopped by the Dunwoody Police Department for driving 83 in a 55 mile per hour zone. The report had many of the usual manifestations of impairment: bloodshot and glazed eyes, strong smell of alcohol, admission of drinking, evasive answers when questioned by the officer, and a poor performance on the field sobriety evaluations. Client was arrested and taken to jail, where he submitted to a breath test on the Intoxilyzer 5000. He blew a .172, but asked the officer if he could get a second test of his blood. The officer told him that he would need to bond out before he could get a test of his blood.  The Court of Appeals had excluded a breath test on this very same issue in State v. Terry, 236 Ga.App. 248 (1999).   The State agreed to dismiss the Dunwoody DUI. Client entered a plea to Reckless Driving. His driver’s license was saved, he never returned to jail, and he avoided a DUI conviction!

NFL Defensive Tackle Nick Fairley Not Guilty of DUI

Detroit Lions defensive lineman Nick Fairley was acquitted of DUI by a jury of his peers in Mobile, Alabama, this week.  The former All-American standout at Auburn University, who starred in their National Championship season, was arrested for DUI in 2012 in his hometown of Mobile after being stopped for driving over 100 mph.  He allegedly failed field sobriety tests at the scene (weighing approx. 300 lbs), and declined to take a breathalyzer.  The jury found him guilty of Reckless Driving, and he was ordered to pay a $500 fine.