I got a DUI after playing beer pong

Posted by William H. Sherman on Apr 17, 2017 | 0 Comments

Question:  I'm embarrassed that I got a DUI. I don't want a DUI because I know it looks bad and I don't want to tell my parents about it because they always warned me about drinking and driving. But I got a DUI last night after coming from a party at Georgia Tech, where I'm in graduate school for engineering. It was with some friends and a bunch of people who I've never met. It was at a party and I was drinking.

We were all playing beer pong and it got pretty competitive. I just felt like I needed to do well to show that my beer pong skills had improved over the years and I got caught up in the excitement. Like a lot of people at Georgia Tech I guess you could say I'm very competitive. I went to college at Tech and now I'm there for grad school. That competitiveness sometimes can get me into trouble.

Just so you know, I was tested and I'm not on the autism spectrum. I get asked that sometimes.  

The beer pong game was going fine but I thought that the other team was cheating. I can't remember how, but I thought they were taking advantage of the rules. I think that got me in a bad mood and I had a shot of tequila or two.

After we lost at pong, I just wanted to go home and watch a video. So I got in my car and drove to where I live, which is with my parents in Johns Creek. On my way home, in Roswell, I got into a fender-bender and the other driver called the police and they came and arrested me for DUI and now I need a Roswell DUI attorney.

I took the breath test and I got a .225. I want to know if I can somehow use as a defense that I wasn't at all trying to get drunk, I was just playing a competitive game of beer pong and I wanted to win. Maybe because I wasn't trying to get drunk I can get a better deal from the prosecutors in Roswell. Can I use that as a defense?

M.F. in Alpharetta, Georgia

Answer:  Since a charge of DUI does not require any intent under Georgia law, your explanation that you were not trying to become intoxicated, merely win a game of beer pong, is not a valid legal defense.

Beer pong is a very popular drinking game and we have had a number of clients who were arrested for drunk driving after playing.

The fact that someone became intoxicated playing a game, watching a movie or T.V. or while enjoying a meal or at a party are not defenses. Indeed, the only thing that Georgia law is concerned with is if a motorist is a less safe driver because he or she consumed alcohol or took drugs (and that includes prescription drugs). 

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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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