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.