Question: I'll try to tell you the most important facts of my DUI arrest the other night. I was driving home from Buckhead to my house in Marietta. Two nights before my arrest, I was at Lake Lanier with some friends. We brought beers, whisky, gin and vodka to the lake house. Two of my friends work for a craft beer maker and one has invested in a craft whisky distillery in North Georgia. I admit that we drank a lot. But nobody got in a car, so nobody got a DUI.
But the next day we cleaned up and I put some of the beer bottles and booze bottles in my truck. I didn't really think anything of it. I was going to throw away the bottles when I got home.
But a couple of nights later, when I was driving home, I got stopped for DUI in Cobb County. I had been drinking, but not very much. Anyway, I refused the breath test. When the Cobb County police officer looked in my vehicle, he asked me how much I had to drink and he said it looked like I “was drinking like a fish.” My truck was impounded at an unguarded lot and when I went to pick it up the next day, the windows were down and all the bottles were gone. The truck's doors were not locked.
I'd like to know if those bottles and cans in my truck will be used by the prosecutor. It would look bad for me if they are used as evidence.
Answer: The prosecution may very likely seek to admit the bottles and cans into evidence against you. However, you would argue, among other things, (1) that the bottles and cans were from a couple of nights before the arrest, (2) that the truck was subject to tampering because the windows were left down and the truck had been left in an unregulated and unguarded area overnight.
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