Sample Drunk Driving Cases Handled by William C. Head

Case 28
State v. S.O.
Woodstock Municipal Court
Woodstock, Georgia

In May of 2003, S.O., a 33-year old corporate executive was on her way home after 1:00 AM along Highway 92 in Woodstock (Cherokee County) after an employee party by her restaurant chain. She was speeding when the officer clocked her on radar. Her traffic stop was recorded on video tape by the sergeant handling the case. Initially, the officer was only going to issue a warning ticket for speeding, but noticed that the tag had just expired. In asking her about this, he noticed the smell of alcohol on her breath. He next asked her to get out of the car so he could “evaluate” her.

The first screening test he offered was the Alco-Sensor, a hand-held detector. He held up the digital read-out, showing 0.25 on the screen. Next, he began the instruction phase for the walk and turn field test. After she started this evaluation too soon, he had S.O. go back and wait until he finished his instructions. As he tried to give the instructions, she stepped out of the “stance” he had her standing in, and told him, “I can’t do these tests.” He offered other tests, such as the alphabet test, and she said, “I can’t do any tests. I shouldn’t be driving, but I could not find a ride home.” The officer then arrested her, commenting to his back-up officer, “It doesn’t get any better than that!”

Her Intoxilyzer 5000 tests showed a LOW score (of two samples) of 0.211 approximately 40 minutes after the traffic stop.

A bench trial was selected, based on the fact that the Uniform Traffic Citation was drawn to only accuse the per se DUI offense (for driving while having an unlawful blood alcohol level above 0.08 grams). We did not challenge the tag expiration nor the speeding.

Due to erroneous statements made by the officer after giving the “implied consent” to S.O. on the video tape, Mr. Head was able to get the State’s test result excluded by the trial judge in the middle of trial. Because the per se case depended entirely upon the test result being admitted into evidence, the trial judge had no choice but to find her “not guilty” of DUI. She was fined $62.50 for speeding, and the fine was waived for the tag problem, since she paid the renewal prior to coming to court.

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