Question: I got a DUI driving home from SunTrust Park. My friend recommended that I call or write to you for some help and advice. And now I need a great Alpharetta DUI lawyer; that's why I'm writing to you.
During the baseball season I went with some friends from work to SunTrust Park to see the Atlanta Braves play. We obviously had some drinks; I think I had a few beers, a couple of mixed drinks and a shot. Mind you, this was over nine innings of baseball, so it's not like I drank it all at once. I admit I was feeling pretty nice but I didn't think I was too drunk or really buzzed; I was just kind of mellow.
So instead of taking an Uber or Lyft like my boss suggested, I tried to drive home. I made it all the way to Alpharetta, where I live, when I got stopped by a cop. The cop asked me where I was coming from and I told him an Atlanta Braves game. I told I had a couple of drinks and he made me get out of the car and do some tests.
I didn't do that well on some of his tests because I have a bad back from playing on a club rugby team and University of Georgia and I once broke my ankle falling out of a tree in North Georgia, where I used to go to hunt deer and some bear.
The cop said I swerved. I think I did swerve, but only because I dropped my phone when I was texting my wife that I'd be home soon. I told the cop that I swerved only because I was texting.
The cop finally arrested me and took me to the Alpharetta jail. At the jail I took a breath test and I was over the limit, but not by too much. Since I didn't have anything to eat I think the drinks hit me harder than usual. But still I wasn't hugely buzzed or anything. Maybe it's just because I have a high tolerance for alcohol.
What do you think of my chances with this DUI?
K.F. in Alpharetta
Answer: It is becoming increasingly common for people to get stopped and charged with a DUI when returning home from the recently-built SunTrust Park.
As for your questions, we'd like to know more information so that we can best advise you. We'd like to know why you were stopped. Many DUI arrests are preceded by a traffic stop for speeding or failure to maintain lane. We need to make sure that the police officer had a valid reason to stop your car.
It sounds like you performed the field sobriety tests. We'd like to read the police report of the incident and view the video, if one exists. Also, perhaps your performance on the field sobriety tests was hampered by your back and ankle issues.
Telling the prosecutor that you were texting while driving isn't going to help with your defense. Texting while driving is illegal and if you swerve, you can be charged with failure to maintain lane.
Your breath test results from the Breathalyzer are important and we'd like to know how you did. The per se limit in Georgia is .08. That doesn't mean that you can't get a DUI if you blow less than .08, you certainly can, but it helps your defense if you are under that number.
Call us at 678-215-4106 when you have some time to talk.