Georgia Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Georgia or Court of Appeals of Georgia where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Bradshaw v. State - 8/11/2004
Tom Bradshaw, Jr., appeals from a jury conviction for possession of cocaine, obstruction of a law enforcement officer, and driving under the influence ("DUI"). In his only enumeration of error, Bradshaw argues that the verdict is contrary...
Lamb v. State - 8/6/2004
Following a bench trial, Thomas Edward Lamb, III, was convicted of two counts of driving under the influence of alcohol. [FN1] At the conclusion of the trial, the court denied Lamb's motion to suppress evidence seized as a result of the...
Kahl v. State - 8/3/2004
Following a bench trial, the trial court convicted George Kahl of driving with an unlawful alcohol level and following another vehicle too closely. Kahl appeals, arguing that the trial court erred in denying his motion to suppress evidence...
State v. Whelchel - 7/23/2004
The State appeals from the trial court's grant of Clifton Lamont Whelchel's motion to suppress evidence of the chemical sobriety test results and all non-Mirandized statements made by Whelchel in response to the arresting officer's...
State v. Lin - 7/23/2004
This appeal regards Lin's misdemeanor conviction and sentencing for driving under the influence of alcohol. The State contends, and Lin agrees, that, following Lin's entry of a guilty plea, the trial court erred in illegally sentencing Lin...
State v. Hester - 7/15/2004
Scott Hayward Hester was charged with two counts of driving under the influence of alcohol ("DUI") and with making an illegal U-turn. The trial court granted Hester's motion to suppress all evidence gathered following the stop of his...
Johnson v. State - 7/9/2004
Randy Scott Johnson appeals after a jury convicted him of DUI, Less Safe under OCGA § 40-6-391(a)(1), and driving with no license. Johnson argues that the trial court erred by refusing to grant a mistrial after the prosecutor's opening...
McGinn v. State - 7/9/2004
A Floyd County jury found James J. McGinn guilty of underage DUI (excessive BAC [FN1]). On appeal, McGinn's sole claim of error is that the trial court erred in denying his motion in limine premised upon the arresting officer's failure to...
In re W.N.J. - 7/7/2004
A delinquency petition was filed in Gwinnett County Juvenile Court, alleging that W.N.J. had committed the offenses of failure to maintain lane (OCGA § 40-6-48); racing on highways or streets (OCGA § 40-6-186); operation of an unsafe...
Gary v. State - 7/6/2004
Kirby Gary appeals his convictions for trafficking in methamphetamine and possession of methamphetamine with the intent to distribute. He contends the trial court erred by denying his motion to suppress the evidence seized from his tow...
Brown v. State - 7/1/2004
Monica Brown was indicted in 1997 on two counts of theft by taking and five counts of criminal attempt to commit theft by taking. The trial court dismissed the theft by taking counts and one criminal attempt count based on improper...
Oliver v. State - 7/1/2004
In this second appearance of this case before this Court, Gregory Lavon Oliver appeals his bench trial conviction for driving under the influence to the extent that he was less safe to drive, contending that the trial court erred by...
Flynn v. Allstate Insurance Co. - 6/30/2004
The facts of this case are not in dispute. Mark Linton, while allegedly driving under the influence of alcohol, drove his truck into Comer Flynn's home, causing damage to Flynn's property. No personal injury or personal physical impact...
Allen v. State - 6/28/2004
Frederick Jackson Allen appeals the trial court's denial of his motion for discharge and acquittal based on a violation of his right to a speedy trial. For the reasons that follow, we affirm.
Allen was arrested on July 1, 2000, for...
Bonner v. State - 6/28/2004
Bobby E. Bonner appeals the sentence imposed pursuant to his guilty plea to the misdemeanor offense of driving under the influence of alcohol. He contends the trial court erred by "sentencing [him] a second time for the same offense for...
Sharber v. State - 6/24/2004
The question presented in this appeal from a conviction for conspiracy to manufacture methamphetamine is whether the trial court erred in ruling that a law enforcement officer could give hearsay testimony about a statement made to him...
Stocks v. State - 6/23/2004
After a jury trial, Howard Stocks was convicted and sentenced for burglary, felony theft of two shotguns, and misdemeanor theft of a compound bow, charges that stemmed from a single incident. On appeal, Stocks contends that there was...
Robinson v. Ellis - 6/21/2004
Following jury awards of compensatory and punitive damages in their favor, Lonnie and Barbara Robinson appeal. On appeal they contend that (1) the jury's punitive-damages award in their favor was erroneously contradictory and inadequate...
State v. Morgan - 6/9/2004
The State appeals the trial court's order granting Garie Garfield Morgan's motion to suppress in this case in which Morgan was charged with trafficking marijuana. The trial court found that the roadblock at which Morgan was stopped was not...
Ciak v. State - 6/7/2004
This appeal places before the Court a challenge to the constitutionality of OCGA § 40-8-73.1, the statute governing the use of tinted automobile windows in Georgia, which provides in pertinent part that
it shall be unlawful for any...
Dale v. State - 6/7/2004
Following a bench trial, Jeremy Johnson Dale was convicted of driving without a license and DUI. Dale contends on appeal that his convictions should be reversed, because the trial court erred in failing to suppress evidence gathered by the...
Frazier v. State - 6/4/2004
Following a jury trial, Derrick Frazier was found guilty on two counts of vehicular homicide, one count of driving under the influence of alcohol, and one count of reckless driving. On appeal he contends that (1) the trial court erred in...
Evans v. State - 5/25/2004
Following a bench trial in the State Court of Forsyth County, Nicole Beth Evans was found guilty of DUI--less safe driver; DUI--excessive blood alcohol content ("BAC"); failure to maintain a lane; and driving on a suspended license. She...
Al-Amin v. State - 5/24/2004
Jamil Abdullah Al-Amin was convicted of malice murder and various other offenses stemming from the shooting of two Fulton County Deputy Sheriffs, that resulted in the death of one and injury to the other. The State sought the death...
Nesmith v. State - 5/20/2004
John Wiley Nesmith appeals from the trial court's denial of his motion for discharge and acquittal pursuant to OCGA § 17-7-170. The trial court denied Nesmith's motion on the ground that his demand for speedy trial was not timely filed. We...
State v. Gray - 5/17/2004
Charged with DUI, Jessica Lynn Gray moved to suppress the results of her breath test obtained while in custody, arguing that police had arrested her without probable cause. The trial court agreed and suppressed the results. The State...
Fisher v. State - 5/14/2004
Following a bench trial upon facts adduced at its motion to suppress hearing stipulated by the parties, the State Court of Cobb County convicted Steven Edward Fisher of a single count of having a blood alcohol level of 0.08 or greater...
State v. Harden - 5/12/2004
The state appeals the order granting Robert M. Harden's motion to suppress in his prosecution for driving with an unlawful alcohol concentration, driving under the influence of alcohol to the extent that it was less safe for him to drive,...
Slocum v. State - 5/10/2004
Justin Michael Slocum was found guilty in a bench trial of driving a vehicle under the influence of alcohol. The evidence relied upon by the State to support the DUI conviction was obtained after police stopped the vehicle Slocum was...
State v. Dixon - 5/7/2004
Wayne Dixon stands accused in the State Court of Gwinnett County of driving under the influence of alcohol to the extent that it was less safe to drive, **285 OCGA § 40-6- 391(a)(1); driving under the influence of alcohol while having an...
Kennedy v. State - 5/7/2004
Geraldine Kennedy pled guilty to the offenses of driving under the influence, driving with an unlawful alcohol concentration, and failure to maintain lane. Kennedy later moved, pro se, to withdraw her guilty plea and requested that an...
Conley v. State - 4/23/2004
Carlton Conley appeals from the order of the Superior Court of Butts County denying his motion to be discharged and acquitted of the offenses of driving under the influence of alcohol and speeding on grounds that the State failed to comply...
Lopez v. State - 4/23/2004
Hector Lopez was convicted by a jury of obstruction of an officer, attempting to elude an officer, reckless conduct, and driving under the influence. On appeal, Lopez raises eight enumerations of error. After reviewing the record, we...
Sheehan v. State - 4/21/2004
Following a bench trial on stipulated facts, Andrew Sheehan was convicted of DUI and driving with a suspended license. Sheehan appeals, contending that he was denied an independent blood test and that the trial court therefore erred in...
Allen v. State - 4/14/2004
Jefferson Allen appeals his convictions for driving under the influence of alcohol, disobedience of a traffic control device, and violation of Georgia's open container law. On appeal he contends that the trial court erred in (1) admitting...
Maddox v. State - 4/7/2004
A Henry County jury found Bobbie Jean Maddox guilty of DUI (less safe driver) and DUI (excessive BAC). [FN1] She appeals, claiming error in the trial court's denial of her motion to suppress; in addition, she claims the trial court entered...
Collier v. State - 4/5/2004
Following a jury trial, Steven William Collier appeals his drug-related convictions on four counts of homicide by vehicle in the first degree [FN1] and on two counts of driving under the influence. [FN2] Collier does not appeal his...
State v. Palmaka - 3/26/2004
The State of Georgia appeals the order of the State Court of Gwinnett County granting Kasia C. Palmaka's motion to suppress the results of an Intoxilyzer 5000 in a DUI prosecution. The State contends the trial court erred by granting the...
Crawford-Thomas v. State - 3/26/2004
Pursuant to a jury trial, Janice Crawford-Thomas was convicted of driving under the influence of alcohol, driving left of the centerline, and speeding. She appeals, arguing that the trial court erroneously denied her motion to suppress...
Howell v. State - 3/24/2004
Lance Hugh Howell appeals his convictions of driving under the influence of alcohol with an unlawful blood-alcohol concentration and of being in possession of an open container of an alcoholic beverage while operating a motor vehicle. He...
State v. Villella - 3/24/2004
On August 11, 2002, Mark Vincent Villella was indicted for driving under the influence of alcohol to the extent that he was a less safe driver (OCGA § 40-6-391(a)(1)) and driving with an unlawful alcohol concentration (OCGA §...
State v. Gomez - 3/22/2004
In February 2002, the solicitor-general of Gwinnett County filed an accusation against Roberto Duran Gomez for driving under the influence of alcohol, OCGA § 40-6-391(a)(1) and (5), as well as other traffic violations. The trial court...
State v. Gooch - 3/19/2004
The State appeals from an order of the Gwinnett Superior Court granting Clayton Jewell Gooch's motion to suppress drugs located during a consent search of his person. Because the trial court's ruling was based on **342 an erroneous...
Shoemake v. State - 3/18/2004
A jury found Dave Shoemake guilty of following too closely (OCGA § 40-6-49(a)) and two counts of driving under the influence *343 (OCGA § 40-6-391(a)(1) and (5)). Shoemake appeals, contending the trial court erred by denying his motion to...
Partridge v. State - 3/17/2004
Following a stipulated bench trial, Stuart Partridge was convicted and sentenced for operating a motor vehicle while having an illegal alcohol concentration, driving under the influence of alcohol to the extent it was less safe for him to...
Totino v. State - 3/15/2004
A jury found Nicholas Joseph Totino guilty of driving under the influence of alcohol to the extent that he was less safe to drive, driving while having an alcohol concentration of 0.10 grams or more (a "per se violation"), and following...
State v. Pierce - 3/12/2004
The State of Georgia appeals from the trial court's order granting Justin Pierce's motion to suppress evidence and statements obtained at the time of his arrest for speeding, in violation of OCGA § 40-6-181, and driving under the...
Upshaw v. Roberts Timber Company - 3/5/2004
Amanda Dawn Upshaw appeals an order granting summary judgment to Roberts Timber Company, Inc. ("Roberts Timber"), contending that the trial court erred in finding that Roberts Timber was not liable under the doctrines of respondeat...
Stewart v. Milliken - 3/1/2004
In September 2001, the habeas corpus court found that Leonard Scott Milliken received ineffective assistance of appellate counsel at his trial and ordered that Milliken be given a new appeal. The State did not file an appeal from...
Howard v. State - 2/25/2004
Hershel Daniel Howard was found guilty in a bench trial of driving under the influence of alcohol and driving with an open container of alcohol. His sole claim on appeal is that the trial court should have granted his motion to suppress...
Worthman v. State - 2/23/2004
A jury found Gregory Worthman guilty of driving while under the influence of alcohol to the extent that he was a less safe driver. Worthman appeals, arguing the trial court erred in (1) admitting the results of his breath test, (2)...
Chalvatzis v. State - 2/19/2004
George Gregory Chalvatzis was convicted of aggravated battery and aggravated assault by a Hall County jury. On appeal, he challenges the sufficiency of the evidence, his trial counsel's effectiveness, and the trial court's charge to...
Broadnax-Woodland v. State - 2/18/2004
A jury convicted Jacquelyn Broadnax-Woodland of driving under the influence, failing to maintain her lane, disobeying a traffic control device, and having no proof of insurance. The trial court sentenced her to serve 24 hours in jail and...
Taylor v. State - 2/17/2004
Fred Gilbert Taylor, Jr. was tried by jury and convicted of driving under the influence of alcohol, having an open container, and driving on a suspended license. He appeals only the conviction of driving under the influence.
The evidence...
State v. Chun - 2/11/2004
On March 23, 2003, a DeKalb County police officer arrested Jeana Pan Chun for speeding, OCGA § 40-6-181, and driving under the influence of alcohol to the extent that it was less safe to drive, OCGA § 40-6- 391(a)(1). Prior to trial, Chun...
Cook v. State - 2/10/2004
A jury found Christopher E. Cook guilty of driving under the influence. Cook appeals, asserting, among other things, that the trial court erred in denying his motion to suppress all evidence obtained as a result of an allegedly...
State v. Shields - 2/6/2004
The State appeals the trial court's grant of Gary J. Shields's motion for discharge and acquittal under OCGA § 17-7-170. Finding no error, we affirm.
On December 10, 2002, Shields was charged by accusation with DUI and failure to maintain...
Smith v. State - 2/6/2004
Following his conviction by a jury of driving under the influence by reason of an alcohol concentration of 0.08 grams or more, [FN1] William Morris Smith appeals, arguing that (1) the evidence was insufficient to support his conviction,...
Allen v. State - 2/2/2004
Jefferson Allen appeals his convictions for driving under the influence of alcohol, disobedience of a traffic control device, and violation of Georgia's open container law. On appeal he contends that the trial court erred in (1)...
Lanwehr v. State - 1/30/2004
After a jury trial, Christopher Lanwehr was convicted of disobeying a traffic control device and driving under the influence of alcohol (DUI). He appeals, challenging the sufficiency of the evidence supporting the guilty verdict on the DUI...
In re A.A. - 1/30/2004
The juvenile court adjudicated A.A. and J.H. delinquent for curfew violation, OCGA § 15-11-2, and minor in possession of alcoholic beverage, OCGA § 3-3-23. In addition, A.A. was adjudicated delinquent *370 for driving under the influence,...
Elrod v. State - 1/29/2004
Paul Elrod was convicted of aggravated assault on a peace officer, interference with government property, driving under the influence, failure to maintain lane, reckless driving, attempting to elude a police officer, driving without a...
Duelmer v. State - 1/29/2004
James Duelmer appeals from his DUI conviction arguing that the trial court's charge to the jury was reversible error. We agree and reverse.
In Baird v. State, 260 Ga.App. 661, 580 S.E.2d 650 (2003), this Court disapproved the following...
Gibson v. State - 1/28/2004
William Gibson was charged by accusation with DUI (OCGA § 40-6-391 (a)), and fleeing or attempting to elude a police officer (OCGA § 40-6-395 (a)). A jury found him guilty of fleeing but acquitted him of the DUI charge. His amended...
Lowenthal v. State - 1/23/2004
James E. Lowenthal was charged with driving under the influence ("DUI") of alcohol to the extent that he was a less safe driver, OCGA § 40-6- 391(a)(1), and driving under the influence of alcohol *267 by having an alcohol concentration of...
Willbanks v. Sugarloaf Cafe, Inc. - 1/23/2004
Rebecca Willbanks, individually and as parent as well as next friend of Amanda Paige Lawrence, formerly a minor, and Amanda Paige Lawrence appeal from the grant of summary judgment for Sugarloaf Café, Inc. d/b/a Buffalo's Café under the...
Smith v. State - 1/20/2004
Torre Smith appeals from a conviction and sentence of homicide by vehicle in the first degree and three counts of serious injury by vehicle based upon an underlying reckless driving offense. He enumerates six errors including the...
Morris v. State - 1/15/2004
Following his indictment for driving under the influence of alcohol, James Dennis Morris, in this interlocutory appeal, contends that the trial court erred by denying his motion to suppress all evidence of his intoxication seized from him...
Anderson v. State - 1/12/2004
Following a bench trial in the Superior Court of Floyd County, Clifford A. Anderson was found guilty of possession of cocaine. He appeals and, without otherwise challenging the sufficiency of the evidence against him, claims error in the...
Rollins v. State - 1/12/2004
January 15, 2004 - Substitute opinion issued. Only change is that footnote has been added to paragraph one.
This Court granted appellant Michelle Yearwood Rollins's application for a certificate of probable cause to appeal the...
Moore v. State - 1/8/2004
Following a stipulated bench trial, Elijah Moore was convicted of driving under the influence of alcohol with an unlawful blood alcohol concentration and of driving under the influence of alcohol to the extent that it was less safe for him...
Collier v. State - 12/22/2003
*PLEASE NOTE: THE ORIGINAL OPINION DATED 12/22/03 IS VACATED. THIS IS THE SUBSTITUTE OPINION.
April 5, 2004
Following a jury trial, Steven William Collier appeals his drug-related convictions on four counts of homicide by...
Reedman v. State - 12/19/2003
A Fulton County jury found David Reedman guilty of theft by receiving a stolen auto, OCGA § 16-8-7. He appeals pro se, raising seventeen enumerations of error, including the general grounds. Finding no reversible error, we affirm. ...
Blake v. State - 12/16/2003
Melvin Blake appeals the trial court's denial of his motion to withdraw his guilty plea to the charge of kidnapping. For reasons that follow, we vacate the kidnapping conviction and remand for re-sentencing.
The facts are not in...
Cotton v. Lamb - 12/15/2003
In this personal injury action, Thomas and Gloria Cotton (the "Cottons") appeal the trial court's order dismissing their complaint against Joshua Lamb, arguing that the trial court erred (1) in entertaining Lamb's untimely motion to...
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