GA Judge Modifies DUI Laws
A Georgia administrative judge made a ruling on New Year’s Eve that surprised quite a few people. Alcohol on the breath, hitting a curb and water eyes are not enough to say that a driver is impaired. It is also not enough to yank their driver’s license.
The state of Georgia made the news last spring when a Supreme Court ruling said that when drivers are too drunk to give consent to any field sobriety testing, the evidence used against them may be tossed out. The new ruling stands by what the Supreme Court has said.
According to the official ruling, a police officer stopped David Leoni for speeding. The officer testified in court that the driver’s eyes were watery but not bloodshot. He also said that he detected the smell of alcohol on Leoni, but that he answered all questions asked properly. Leoni refused to take any field sobriety tests, and he was arrested for DUI.
The ruling in this case said that being an impaired driver relies solely on one’s response to alcohol in the system. That response can vary from person to person. A driver should only be considered too drunk to drive when they are incapable of doing so. It was ruled that the officer did not have sufficient grounds to arrest Leoni for drunk driving.
Hawkins Spizman Fortas has lawyers dedicated to defending the rights of people that have been arrested for DUI. If you find yourself in this situation, call our offices for immediate assistance. Let us review the details of your case for free. Call us now.