A concerned citizen reported our client’s vehicle allegedly failing to maintain its lane and nearly striking several road posts. When our client was located by the police, the officer did not perform any field sobriety tests upon our client, but the officer noted that our client appeared unstable and was swaying. The officer also noted that our client’s pupils were small and unresponsive to light, and his saliva was foaming in the sides of his mouth. The officer questioned our client regarding alcohol consumption, and then turned her attention to the consumption of drugs. The officer discovered amphetamine salts, a substitute for adderall, and methadone while searching our client’s vehicle.

Upon being read the Georgia Implied Consent Notice, our client informed the officer that he did not understand what was being asked of him. The officer explained the blood-testing process and our client responded by stating that he would prefer to give a urine sample in addition to the state-administered blood test. Upon arrival at the hospital, only the blood test was administered. Our client’s requested urine sample was never taken.

Gwinnett DUI lawyer Ben Sessions successfully negotiated a dismissal of our client’s DUI charge based upon the failure of the arresting officer to accomodate our client’s independent test request and the failure to perform any field sobriety tests to determine impairment by the prescribed medications.  This DUI charge would have been a 2nd conviction with a year for our client. Our client entered a plea to reckless driving and suffered no license suspension or jail time.  Duluth DUI lawyer Ben Sessions turned a difficult case into a great result for this client.

Our client was stopped for weaving outside of her lane of travel several times. After speaking with our client, the stopping officer smelled an odor of alcohol, and he called for a DUI officer to come to the scene to conduct field sobriety tests. The DUI officer performed the horizontal gaze nystagmus test and observed 6 of 6 clues, the walk-and-turn test and observed 4 of 8 clues, and the one-leg stand test and observed 1 of 4 clues.  Based on his roadside observations, the officer arrested our client for DUI and read her the implied consent warning.  Our client submitted to the state-administered breath test which produced results of .160 and .141. We were unable to negotiate a dismissal or reduction of our client's DUI in Duluth Municipal Court and, therefore, our client chose to have the case bound over to the Gwinnett County State Court.  In the Gwinnett County State Court, we filed motions to suppress the field sobriety evidence, our client's arrest, and the results of the state-administered breath test. Prior to the motions hearing, our Gwinnett County DUI lawyer negotiated a dismissal of our client's DUI charge in exchange for a guilty plea to reckelss driving. Our client did not suffer a suspension of her driver's license or any further time in jail.

Our client was arrested for DUI after he was stopped at a roadblock in Duluth, Georgia.   The roadblock was maintained by a joint effort of the City of Duluth and Gwinnett County. Our client submitted to the horizontal gaze nystagmus which the officer said produced 6 or 6 possible clues.  No other field sobriety tests were performed upon our client.  Following his arrest, our client submitted to the state-administered breath test on the Intoxilyzer 5000.  The lowest of his two breath samples was .080.

Although the evidence against our client was scant and we had numerous favorable defense issues relating to our client’s physical condition, the state originally recommended a substantial a substantial amount of jail time on a guilty plea to DUI because of several prior DUI convictions that our client had more than 20 years prior.  At the motions hearing, Gwinnett DUI lawyer Ben Sessions developed several good issues with regard to the illegality of the roadblock at which our client was stopped.  Subsequent to the motions hearing, the state agreed to dismiss our client’s DUI charge in exchange for a guilty plea to reckless driving, which our client accepted.

Our client was stopped based on a 911 call which reported that he was failing to maintain his lane and nearly striking several light posts.  The officer reported that our client was visibly swaying and unstable, that he could not keep his eyes open, that he seemed lethargic, his eyes were watery and glazed, and his pupils were very small and unresponsive to light.  The officer also stated that our client’s mouth was very dry and foaming.  In plain sight, the officer saw a prescription drug bottle in our client’s vehicle.  No field sobriety tests were performed upon our client.  Our client submitted to a blood test which produced positive for two drugs for which he was prescribed.

In reviewing the video of our client’s stop, Georgia DUI lawyer Ben Sessions developed several issues which would provide substantial hurdles for the State to overcome in establishing the admissibility of the blood test results in our client’s case.  The officer made no effort to accomodate our client’s request for an independent urine test, and the officer appeared to read the Implied Consent Notice at an inappropriate time.  Based on these issues and the lack of field sobriety evidence for which there was no justification, DUI lawyer Ben Sessions successfully negotiated a dismissal of our client’s DUI charge in exchange for a plea to reckless driving, which included no license suspension and no jail time.

Our client was involved in an accident on I-75 in the city of Emerson, which is located in Bartow County.  In the accident, our client lost control of his van which span across the interstate and came to rest against the guard rail.  After the accident, our client was evaluated by EMS personnel and then an officer from the City of Emerson Police Department arrived on the scene.

When the officer spoke with our client, he explained that his van had been struck in the rear and that caused him to lose control of his vehicle and begin to spin.  The officer never investigated our client’s vehicle.  When questioned by the officer, our client initially denied drinking alcohol.  After the officer explained that he had in excess of 20 years of experience performing DUI investigations, our client acknowledged having consumed 1 beer.  The officer then attempted to perform the horizontal gaze nystagmus test upon our client.  However, this officer completely ignored the training he had received in the performance of this test.  The officer only performed 1 phase of the test and his report made it clear that he did not even understand what he was supposed to observe in that phase of the test.  After the HGN test, the officer had our client submit to a portable or preliminary breath test (PBT), which produced a positive result.

Then, the officer placed our client under arrest for DUI and read the Georgia Implied Consent Notice.  The Implied Consent Notice was read correctly, but after the reading of the notice, our client began asking questions about it.  This officer answered those questions and provided information to our client that was misleading and inaccurate.  As a result of this misinformation, our client’s breath test results of .107 and .105 on the Intoxilyzer 5000 were suppressed from evidence.

Prior to the trial, based on the defects we discovered in this case, Georgia DUI lawyer Ben Sessions negotiated a dismissal of our client’s DUI in exchange for a guilty plea to failure to maintain lane.  Our client paid a fine and walked out of court.  No probation or any other conditions were imposed upon our client.

The cases discussed on this page are instances in which our clients were originally charged with DUI and their cases were concluded by a disposition other than a DUI conviction. It must be recognized that every DUI case is different. Similarities in the facts of your case to a case discussed here does not guarantee a non-DUI disposition in your case. No representation on this page or anywhere on this site is intended as a representation or promise that a certain resolution will be reached in your DUI case.

Our client was in a very bad single-car accident which resulted in her car flipping at least twice and ultimately coming to rest on its side. Our client was text messaging at the time that this accident occurred. When officers arrived, they spoke with our client and smelled an odor of alcohol. They spoke with her about the how the accident occurred and had her submit to a preliminary breath test. The preliminary breath test produced a positive result for the presence of alcohol. She was then placed under arrest for DUI and read the Georgia Implied Consent notice. Our client submitted to the state-administered test of her breath which produced result .134 grams.

Gwinnett County DUI lawyer Ben Sessions successfully negotiated a dismissal of our client's DUI charge in exchange for a guilty plea to reckless driving. Our client avoided a license suspension, jail time, and a DUI conviction on her record. We used the video recording of the investigation to demonstrate to the prosecutor that insufficient evidence existed to place our client under arrest for DUI. No field sobriety tests were performed upon our client and she appeared completely sober in her interactions with the officers on the scene.

Our client was stopped for speeding on I-75 in Forsyth, Monroe County, Georgia.  After being stopped, our client spoke with the officer and produced his driver's license.  In speaking with our client, the officer smelled an odor alcohol.  Our client honestly acknowledged drinking alcohol earlier in the evening.  Our client submitted to field sobriety tests and a preliminary breath test. Our client was then placed under arrest for DUI. Our client submitted to a state-administered breath test which produced results of .119 and .114.

Prior to a trial in the case, Georgia DUI lawyer Ben Sessions successfully negotiated a dismissal of our client's DUI charge in exchange for a guilty plea to reckless driving.  Our client suffered no suspension of his driver's license, no jail time, and, most importantly to our client, he will not have a DUI conviction on his record.

Our client was charged with DUI and failure to maintain lane after he was arrested in Woodstock, Georgia. We used a questionable stop and improper statements during and subsequent to the reading of implied consent to negotiate a dismissal of his DUI charge. Our client submitted to the state-administered breath test on the Intoxilyzer 5000, and it produced results of .120 and .118. Our client did not suffer a license suspension and did not have to serve any further time in custody in connection with the reduction of his DUI charge to reckless driving.