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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GEOFFRION v. STATE - 2/21/1997
Defendant was tried before a jury and found guilty of driving under the influence of drugs, namely methamphetamine, to the extent it was less safe for him to drive (Count 1), driving under the influence of a controlled substance, by...
TILLERY v. STATE - 2/19/1997
Hoyt Nathaniel Tillery appeals his convictions of first degree homicide by vehicle, driving under the influence of alcohol, reckless driving, second degree homicide by vehicle, driving on the wrong side of the road, improper passing,...
CUMMINGS v. STATE - 2/18/1997
Yasene Cummings was charged with speeding, failing to stop for a police vehicle, and driving under the influence of alcohol. While represented by an attorney, Cummings pleaded guilty to all three charges. The trial court accepted...
NELSON v. STATE - 2/13/1997
Nelson was convicted by a jury of driving an improperly equipped vehicle (OCGA § 40-8-7), driving under the influence of alcohol to the extent it was less safe for him to drive (OCGA § 40-6-391 (a) (1)), and driving a motor vehicle...
HUBBARD v. STATE - 2/12/1997
Donald Robert Hubbard appeals from his convictions for child molestation, OCGA § 16-6-4 (a), and aggravated child molestation, OCGA § 16-6-4 (c). Evidence showed Hubbard fondled and orally sodomized the eleven-year old victim. The only...
DRUITT v. STATE - 2/11/1997
A Cobb County jury found appellant William Druitt guilty of the offenses of DUI — less safe driver, driving without a license, and failure to maintain a lane. The trial court denied appellant's motion for new trial thereon, and he...
JOHNSON v. STATE - 2/11/1997
A Clarke County jury found Leigh Ann Johnson guilty of the offenses of driving under the influence of alcohol (less safe driver) and possession of alcohol by a person under the age of twenty-one pursuant to OCGA § 3-3-23. She appeals,...
HUBBARD v. STATE - 2/10/1997
On January 14, 1991, the appellant was indicted under indictment number 91-6268 on three charges: burglary, theft by taking, and a recidivist count. Appellant pled not guilty to indictment number 91-6268 on February 13, 1992. On March...
MAZO v. STATE - 1/31/1997
Mark Mack Mazo was indicted on charges of habitual violator and driving under the influence ("DUI"). In his initial trial, the jury could not reach a verdict on the habitual violator charge and acquitted him on the DUI charge. After a...
COLLINGSWORTH v. STATE - 1/27/1997
Terry Collingsworth was arrested on October 1, 1994 and charged with driving under the influence of alcohol and being an habitual violator. He was tried and convicted on June 1, 1995.
The evidence showed that on October 1, 1994...
HOBBS v. STATE - 1/22/1997
Aubrey Clifton Hobbs, Jr., appeals his convictions for driving under the influence of alcohol. Held:
1. Hobbs contends the evidence is insufficient to sustain his conviction. Although Hobbs argues that the evidence showed he was...
WEAVER v. STATE - 1/15/1997
Boyd Weaver appeals from the trial court's denial of his plea of former jeopardy. We reverse.
The record shows that on August 22, 1995, Weaver was arrested for speeding, driving under the influence of drugs and endangering a...
WILLIAMS v. STATE - 1/15/1997
A jury found Christopher Williams guilty of driving under the influence of alcohol. Williams appeals his conviction, alleging the trial court improperly admitted the results of his breath test and improperly denied his motion for new...
STATE v. SUMLIN - 1/8/1997
Defendant was charged in an accusation with driving under the influence of marijuana in violation of OCGA § 40-6-391 (a) (2) and (6), failing to display her driver's license when asked to do so by a law enforcement officer,...
TYLER v. STATE - 1/6/1997
Jeffrey K. Tyler appeals the trial court's denial of his motion for judgment of acquittal pursuant to his speedy trial demand under OCGA § 17-7-170, asserting that the trial court erred in determining that his demand was premature. ...
MEYER v. STATE - 1/2/1997
We granted this discretionary appeal to clarify the appropriate use of OCGA § 40-5-67.1 (b) (3), which is the implied consent warning applicable to "commercial motor vehicle driver suspects." Gary Michael Meyer, who held a Tennessee...
STATE v. HOLLER - 12/17/1996
The State appeals the order of the state court granting appellee Roger W. Holler's (a/k/a Roger W. Holler, Jr.) combined motion to suppress and motion in limine. It is enumerated the trial court erred by finding the officer lacked an...
BOYETT v. BOYETT - 12/15/1996
Following the grant of a discretionary appeal, Lois W. Boyett appeals the grant of Jesse C. Webster, Jr.'s motion in limine to exclude all evidence regarding Webster's prior drunk driving incident during the first phase of a bifurcated...
MCDANIEL v. STATE - 12/11/1996
William Ransom McDaniel was arrested for driving under the influence in violation of OCGA § 40-6-391. The Georgia Department of Public Safety suspended appellant's Georgia driver's license. To his criminal prosecution for DUI,...
TRUDEWIND v. STATE - 12/6/1996
Steven Trudewind was convicted of driving under the influence of alcohol and driving on the wrong side of the road. In response to Trudewind's pretrial motion to suppress, the trial court ruled that Trudewind's roadside sobriety tests...
PARKS v. STATE - 11/26/1996
Ralph Devon Parks, Jr. pled guilty to DUI, then moved to withdraw the plea three days later. He appeals from the trial court's denial of the motion. We reverse.
After Parks was charged with DUI in the City Court of Atlanta, he...
HEATH v. STATE - 11/25/1996
Scott Robert Heath, convicted of DUI to the extent that he was less safe to drive and speeding, appeals contending that the court improperly allowed certain testimony into evidence, refused to allow his expert to remain during a...
STATE v. HOLMES - 11/25/1996
Defendant Ray Holmes was arrested for driving under the influence of alcohol. He filed a motion to suppress and motion in limine seeking to exclude evidence that he had refused to take a state-administered breath test. Following a...
CANN-HANSON v. STATE - 11/25/1996
Robert Cann-Hanson was tried before a jury and found guilty of speeding and driving a moving vehicle with an alcohol concentration in his blood in excess of .10 grams in violation of OCGA § 40-6-391 (a)(4). On appeal from the judgment...
MORGAN v. STATE - 11/22/1996
In Morgan v. State, 219 Ga. App. 760 (466 S.E.2d 658) (1996), we affirmed appellant's judgment of conviction of DUI and several traffic offenses. The Supreme Court granted certiorari and reversed our decision in Morgan v. State, 267...
GA. DEPARTMENT OF PUBLIC SAFETY v. BAFFORD - 11/20/1996
The Georgia Department of Public Safety suspended the non-resident driving privileges of Jeffery K. Bafford, an Illinois resident, after he was arrested for DUI in Atlanta. The superior court reversed. We granted the department's...
JEFFERSON v. STATE - 11/18/1996
Kenneth Robert Jefferson appeals the denial of his motion for discharge and acquittal based on double jeopardy grounds. On January 22, 1994, two uniform traffic citations (UTCs) were issued against Jefferson, one charging violation of...
GRIFFIN MOTEL CO. v. STRICKLAND - 11/18/1996
Charles Strickland, Edgar Scoggins and William Redding sued Griffin Motel Company ("Griffin Motel") for damages sustained in an automobile collision involving only one vehicle. Thomas Strickland, the father of Charles Strickland,...
FIELDS v. STATE - 11/15/1996
Larry Lane Fields appeals his DUI conviction. He enumerates three errors. Held:
1. Appellant first contends the trial court erred by not charging as to the limited purpose for which the jury was authorized to consider evidence of...
RAULERSON v. STATE - 11/14/1996
Defendant was charged in two Uniform Traffic Citations with driving with a suspended license and driving with a prohibited bodily alcohol concentration in violation of OCGA § 40-6-391 (a) (4). After the trial court denied defendant's...
DEAN v. STATE - 11/12/1996
On December 10, 1994, Phillip L. Dean was arrested by the Lawrenceville police at a roadblock and charged with driving under the influence of marijuana. At the time of his arrest, Dean was on probation for forgery and was being...
HILL v. STATE - 11/7/1996
Robert Lee Hill was found guilty by a jury of operating a motor vehicle after receiving notice that his license was revoked as a habitual violator, driving a motor vehicle under the influence of alcohol, and possession of less than one...
DIAMOND v. STATE - 11/4/1996
While attempting to flee from police after committing a burglary, Yolandia Delois Diamond ran a red light, struck another car, and killed the driver, her son, and a pregnant passenger. A jury convicted Diamond of felony murder,...
STATE v. YATES - 10/30/1996
The State appeals the trial court's dismissal of the charges against Kyle Stephen Yates after finding he was denied his constitutional right to a speedy trial. We affirm.
Yates and a companion, Matthew Morgan, were arrested by...
STATE v. ARMSTRONG - 10/28/1996
The trial court granted the motion to suppress evidence in favor of Armstrong and dismissed all charges, and the State appeals.
Officer Fouchia was working an off-duty job in uniform and in a marked police car in the parking lot...
SIMMS v. THE STATE - 10/24/1996
Appellant David M. Simms appeals his conviction of DUI. He enumerates as error that the trial court allowed the arresting officer to testify about alco-sensor chemical test results in violation of OCGA § 40-6-392 (a) (1) (a), and...
FREELAND v. STATE - 10/24/1996
Jerry Dale Freeland was convicted of driving under the influence, driving with an unlawful alcohol concentration, and speeding. On appeal, he enumerates two errors, challenging the denial of his motion to suppress and alleging a fatal...
AMAN v. STATE - 10/23/1996
Following the denial of his motion for new trial, Aman appeals his convictions of driving under the influence (OCGA § 40-6-391 (a) (1)) and improper lane change (OCGA § 40-6-48).
Lieutenant Green, Commander of the Fulton County...
MORGAN v. STATE - 10/21/1996
E. Allen Morgan, Jr., was the driver of a truck involved in a two-vehicle collision after it crossed the center line of a Dekalb County road. He was treated at the scene for a head injury by emergency medical personnel (EMS). Morgan...
KNAPP v. THE STATE - 10/18/1996
ORDER OF COURT.
In his emergency motion, Knapp claims error in the trial court's failure, after a sentence of imprisonment had been imposed, to make a fresh determination of appellant's custody pending a final decision on appeal...
CULLEN v. STATE - 10/16/1996
Brian C. Cullen appeals his conviction in October 1995 for driving under the influence of alcohol and failure to maintain lane in November 1994. He contends the trial court erred by denying his motion in limine seeking to suppress...
PRICE v. STATE - 10/15/1996
Charles Price appeals the judgment of conviction entered upon a jury's verdict finding him guilty of three counts of aggravated child molestation and two counts of child molestation for acts committed
upon his six-year-old...
WILLIAMS v. STATE - 10/15/1996
Morris Dean Williams was convicted of operating a motor vehicle under the influence of alcohol while having a probationary license (OCGA § 40-5-58), driving under the influence of alcohol (OCGA § 40-6-391), and failure to yield right...
JENKINS v. STATE - 10/11/1996
Defendant was indicted for operating a motor vehicle after having received notice that his driver's license had been revoked for being a habitual violator, driving under the influence of alcohol to the extent that it was less safe for...
SHIELDS v. STATE - 10/11/1996
A Walker County jury found appellant William E. Shields guilty as charged of the offenses of serious injury by vehicle; DUI - less safe driver; DUI - excessive blood alcohol content; and driving on the wrong side of the road. Shields...
DUCKWORTH v. STATE - 10/10/1996
On July 25, 1995, at approximately 10:00 p.m., deputy sheriff John Daniel of the Worth County Sheriff's Department was on his way to serve a warrant and was driving on Pope Street, approaching the intersection with Westberry Street,...
REDDIN v. STATE - 10/10/1996
Pursuant to the grant of his motion for out-of-time appeal, Kenneth
Dean Reddin appeals his conviction of aggravated assault upon a peace officer (OCGA § 16-5-21 (c)) and misdemeanor obstruction of a law enforcement officer...
MCGHEE v. STATE - 10/9/1996
J. C. McGhee appeals his conviction for possession of cocaine and for operating a vehicle under the influence of cocaine to the extent it was less safe for him to drive, asserting that the evidence was insufficient to support his...
CORNER v. STATE - 10/3/1996
Corner was charged on August 26, 1995, with driving under the influence of alcohol, OCGA § 40-6-391 (a) (1) and (a) (4), and Aaron was similarly charged on November 5, 1995. Both challenge the trial court's admission into evidence of...
HAWKINS v. STATE - 10/1/1996
Hawkins appeals from a jury's verdict and his subsequent sentence on charges of driving under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1), and failure to maintain a lane, OCGA...
JORDAN v. STATE - 9/27/1996
Following a bench trial, Christopher Jordan was found guilty of driving with an unlawful drug present in his blood or urine, operating a motor vehicle with no insurance, and driving without a license in his possession; appellant was...
STATE v. KAMPPLAIN - 9/27/1996
On November 3, 1994, appellee/defendant Rickey Allen Kampplain a/k/a Ricky Allen Kampplain and Rick Allen Kampplain was stopped while driving a motor vehicle. He was given an implied consent warning and submitted to a breath test at...
WEBB v. STATE - 9/26/1996
Cheryl Webb was indicted for possession of cocaine, possession of marijuana, possession of a firearm during the commission of a felony, driving under the influence of drugs, and speeding. Following the presentation of evidence at...
STATE v. BARNES - 9/24/1996
The State appeals the order of the trial judge from the State Court of Cobb County granting appellee's plea in bar and the subsequent
dismissal of the accusation charging appellee with the offense of DUI.
During the jury...
STATE v. GERBERT - 9/23/1996
The state filed a uniform traffic citation with the state court charging Johnny Trent Gerbert with driving under the influence, and he entered a demand for a speedy trial under OCGA § 17-7-170. After obtaining the results of blood...
STATE v. DIAMOND - 9/19/1996
The State appeals the trial court's grant of Jacqueline Diamond's motion to suppress. At the suppression hearing, only the testimony of the arresting officer, Officer Cheryl Davis of the Cobb County police department, was presented....
CARR v. STATE - 9/17/1996
James D. Carr appeals from the judgment entered on a jury verdict finding him guilty of driving a vehicle under the influence of drugs and improper lane usage.
Carr was observed driving a tractor-trailer rig on Interstate 75...
CUNNINGHAM v. STATE - 9/13/1996
Clarence Cunningham was convicted of theft by bringing stolen property into Georgia (OCGA § 16-8-9); DUI, being less safe to drive due to intoxication; flight to avoid a police officer after being given "visual and audible signals;" ...
STATE v. RISH - 9/11/1996
The state appeals the dismissal of DUI and weaving charges against Randy Rish. At the heart of this appeal are the legality of various orders entered by the trial court governing how criminal prosecutions would commence and proceed in...
SMITH v. STATE - 9/10/1996
A white car spun wildly out of a roadhouse parking lot in the North Georgia mountains late at night near Christmas, 1994. A police officer, hearing the commotion and seeing the car in his car's rear view mirror, came around behind the...
BRAMLETT v. STATE - 9/9/1996
Defendant was charged in an accusation in the Superior Court of Whitfield County, Georgia with driving with a blood-alcohol concentration of .10 grams or more (Count 1), operating a motor vehicle without proof of insurance (Count 2)...
WATERS v. STATE - 9/5/1996
Appellant was tried before a Gordon County jury on a four count indictment for the offenses of aggravated assault, first degree criminal damage to property, and two counts of DUI. The jury found appellant guilty of the lesser included...
PRICE v. STATE - 9/3/1996
A jury found Kevin Price guilty of driving under the influence of alcohol. He appeals from the conviction entered on that verdict.
The state has failed to submit a brief in compliance with Court of Appeals Rule 26 (b). As this...
JENKINS v. STATE - 8/30/1996
Defendant was charged in an accusation with driving under the influence of alcohol to an extent that it was less safe for him to drive. The evidence adduced at a bench trial reveals the following: At about 9:00 or 10:00 in the evening...
GRAY v. STATE - 8/29/1996
At the trial the evidence showed that at approximately 11:20 p.m. on May 19, 1994, appellant, while driving a Porsche north on Riverside Drive in north Fulton County, missed an almost 90-degree curve to the right, crossed both lanes of...
WEIDMANN v. STATE - 8/29/1996
Dawn Ellen Weidmann appeals her conviction of one count of DUI and two counts of obstruction of a police officer. She enumerates three errors. Held:
1. Appellant contends the trial court erred in denying her motion in limine as...
HANSEN v. STATE - 8/19/1996
After a bench trial, Robert E. Hansen was convicted of driving under the influence (less safe), driving with an expired license, and no proof of insurance. From his conviction and sentence of probation and fines, he appeals. Held: ...
MITCHELL v. STATE - 8/8/1996
Adolphus Ray Mitchell appeals his conviction of possession of cocaine with the intent to distribute in violation of the Georgia Controlled Substances Act.
A bank teller testified that for a period of six months prior to February...
LEE v. STATE - 8/1/1996
Renata Gunter Lee appeals her conviction, rendered at a bench trial, of driving under the influence of alcohol (DUI) in violation of OCGA 40-6-391 (a) (1).
Lee was involved in an vehicle collision caused by another driver and...
ALLENDER v. STATE - 7/24/1996
Tina Georgette Allender filed a plea of former jeopardy to prosecutions for driving under the influence and improper lane change. Allender's plea in bar asserted that the suspension of her driver's license by the Georgia Department of...
DOBSON v. STATE - 7/16/1996
A jury convicted Randal E. Dobson of two counts of first degree vehicular homicide, serious injury by vehicle, and driving with unlawful blood alcohol concentration. These counts merged into one count of first degree vehicular homicide...
STATE v. UNION - 7/15/1996
Joseph Union was arrested for driving under the influence of alcohol on January 28, 1995. Michael Ginn was arrested for driving
under the influence of alcohol on October 14, 1994. Separate trial courts granted Union's motion...
STATE v. PETERS - 7/9/1996
Joseph D. Peters was charged with driving under the influence of alcohol when he failed field sobriety tests after having been stopped for speeding. The trial court granted Peters' "Motion to Suppress and Motion In Limine," excluding...
STATE v. BERKY - 7/9/1996
In State v. Berky, 214 Ga. App. 174 (447 S.E.2d 147) (1994), the trial court granted the defendant's pre-trial motion to dismiss following the State's announcement upon the call of the case that it could not proceed as the trial court...
MILLER v. STATE - 7/1/1996
After witnessing a car make several turns without signals being given, a Cherokee County deputy sheriff stopped the vehicle and approached the driver, appellant Jeffrey Miller. Miller was arrested when he was unable to show proof of...
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