DUI

Summaries of charges, defenses, and outcomes for clients prosecuted in counties throughout Georgia and the Southeast.

Cases of this practice area

State v. John Doe

Charges: Criminal Damage to Property (Felony); Obstruction of an Officer; DUI

States case:

The accused drove recklessly, damaged his car, and was seen driving erratically by a concerned citizen. When police found him sitting in a parking lot, they performed a DUI assessment. He failed the horizontal gaze nystagmus test. When attempting to arrest the accused, he did not comply, got verbally and physically aggressive, tried to escape, and then kicked and damaged property inside the police cruiser. If convicted he faced up to 12 years in prison.

Judgement:

The accused had a lifetime of emotional and physical trauma, had been diagnosed with PTSD and a traumatic brain injury. He told the investigating officer that he had been run off the road, that he had a head injury, and that he did not think he could perform field sobriety testing. He also provided the officer with an information card about his PTSD and that had been sober for 7 years. His therapy dog was in the car and had been injured too. When the officer did not listen and tried to arrest him and another officer tried to take his therapy dog into custody, the accused had a PTSD break. On the morning of motions hearings to determine whether the court should dismiss the case, the state dismissed the DUI and the obstruction charge. The accused entered a plea to Failure to Maintain lane.

DUI Reduced to Reckless (2019)

Charges: DUI

States case:

Client stopped for broken headlight. Officers detected strong odor of alcohol and conducted Field Sobriety Tests. After client failed all the Field Sobriety Tests and refused a breath test, he was arrested for DUI. Client had two prior DUI convictions. This was his third DUI arrest, and his second DUI arrest in 10 years. He was facing mandatory jail time and license suspension.

Judgement:

Before Arraignment, Hodges obtained all the discovery in the case, visited and photographed the scene, and had the client attend AA, complete DUI evaluation, treatment, and classes, and complete community service.

Hodges learned from his investigation that the Field Sobriety Tests were not reliable, because the officers did not perform them properly. Hodges also learned that officers did not properly provide the Implied Consent Notice, which led to the client's confusion about whether or not he should submit to a breath test.

After Hodges showed the prosecutor all the evidence and mitigation in the case, the prosecutor agreed to reduce the charges to Reckless Driving. The client did not have to go to jail, and did not lose his license.

DUI reduced to Reckless Driving (2019)

Charges: DUI

States case:

Client pulled over when observed driving well under speed limit and impeding traffic. Arrested when officers observed that client had strong odor of alcohol and was extremely confused, incoherent, and unsteady on his feet. Client's blood alcohol content came back well over the legal limit.

Judgement:

DUI reduced to Reckless Driving where Hodges proved there was no reasonable suspicion for the stop - there was no evidence of client actually impeding traffic or committing any other traffic offense, and driving too slow was not enough to justify stop.

DUI reduced to Reckless Driving (2018)

Charges: DUI

States case:

Client arrested for DUI when observed driving erratically after leaving bar.

Judgement:

DUI reduced to Reckless Driving when Hodges has client complete all DUI mitigations prior to arraignment.

DUI reduced to Reckless Driving (2018)

Charges: DUI

States case:

Client arrested for DUI when pulled over for busted tail light, and officer observed odor of alcohol, slurred speech, and red, watery eyes.

Judgement:

DUI reduced to Reckless Driving when Hodges showed prosecutor that tail light was not busted, that there was no other reasonable suspicion to make the stop, that client's speech was always slurred, and his eyes were always red and watery, when completely sober.

DUI reduced to Reckless Driving (2016)

Charges: DUI

States case:

Client arrested for DUI when she was stopped for running over curb and driving wrong way down one way street.

Judgement:

DUI reduced to Reckless Driving when Hodges proves client was having anxiety attack, not impaired.

DUI reduced to Reckless Driving (2015)

Charges: DUI

States case:

Client arrested for DUI after she hit a parked car.

Judgement:

DUI reduced to Reckless Driving when Hodges showed prosecutor that Implied Consent notice not administered properly.