Client was pulled over for failure to maintain lane on Old Alabama Road and Buice Road in Johns Creek in Fulton County. Officer reported that when he approached the window the client's eyes were bloodshot and that he could smell the odor of alcohol emanating from his person. The client stated that he had consumed a few beers with dinner and agreed to take voluntary field sobriety exams. He performed poorly on the Horizontal Gaze Nystagmus test (eye test), the walk and turn, and the one leg stand. The client blew into a preliminary hand-held breath test which showed positive for alcohol and was then arrested for failure to maintain lane and DUI. When read his implied consent rights, our client consented to a blood test. The officer specifically requested a breath test and took our client's request for a different test as a refusal.
Client was charged with failure to maintain lane and DUI Less Safe in Johns Creek Municipal Court. The case was bound over to Fulton County State Court for trial. At trial we conceded the failure to maintain lane charge. In regards to the DUI, the video of the arrest clearly showed that our Client did not drastically lose his balance during the field sobriety tests. Our Client informed the arresting Officer that he had gout, which had damaged his ankle and caused osteoarthritis in his knees. The State could not prove that alcohol, rather than our clients medical condition, caused him to perform poorly on his field sobriety tests. Client was found not guilty of all charges despite concession of FTML.