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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Worthy v. State - 12/10/2001
Following a bench trial, the trial court found James Worthy guilty of driving with a suspended license. Worthy appeals, arguing that the trial court improperly admitted evidence. He also challenges the sufficiency of the evidence. For...
Larsen v. State - 12/6/2001
Marie Jean Larsen appeals her conviction of driving under the influence following a bench trial, arguing that the court erred by "ignoring the overwhelming evidence" that she did not intend to drive. She also contends on appeal that...
Hightower v. State - 12/6/2001
A Fayette County jury found Allen Lane Hightower guilty of violating the terms of his probationary driver's license; DUI - less safe driver; DUI - excessive blood alcohol content; and no proof of insurance. Hightower appeals and claims...
Satterfield v. State - 11/20/2001
Following a jury trial, Stephen Miller Satterfield, a Gerogia resident with a state driver's license, appeals his conviction for driving with an unlawful blood/alcohol concentration (OCGA § 40-6-391 (a) (5)) and driving under the...
Mikell v. State - 11/19/2001
Joseph Perry Mikell was convicted of malice murder in the shooting death of his wife Barbara Sue Mikell. He contends that the trial court erred in allowing the state to introduce testimony about two extramarital affairs as bad...
Nelson v. State - 11/15/2001
David L. Nelson appeals from the trial court's denial of his motion to suppress and in limine and motion for new trial after entry of judgment of conviction following the jury's verdict of guilty of driving with an unlawful level of...
Hill v. State - 11/15/2001
A trial judge, sitting without a jury, found Holly Day Hill guilty of driving under the influence of alcohol. In her sole enumeration of error, Hill contends the trial court erred in denying her motion to suppress evidence because she...
State v. Maddox - 11/13/2001
The State Court of Gwinnett County granted Gregory Scott Maddox's motion to suppress the results of a DUI investigation, finding that the stop of Maddox's vehicle was not based on articulable suspicion. Because the substance of the 911...
Dixon v. State - 11/9/2001
A jury convicted Willie Dixon of two violations of the Georgia Controlled Substances Act: sale of cocaine, OCGA § 16-13-30, and distribution of cocaine within 1,000 feet of a public housing project, OCGA § 16-13-32.5. The trial court...
State v. Lentsch - 11/8/2001
The State appeals from the grant of Todd Lentsch's motion to suppress evidence made after he was arrested for DUI after a traffic stop. Lentsch was eventually charged in a seven count accusation with DUI, suspended license, invalid...
In re N.M.H. - 11/7/2001
The biological mother of N. M. H., B. S. H., and G. L. H., appeals the juvenile court's termination of her parental rights, contending that the evidence was insufficient to support the termination. For the reasons below, we affirm. ...
Duren v. State - 11/2/2001
Following a jury trial, Curtis M. Duren was convicted of driving under the influence of alcohol to the extent that he was less safe to drive and for violation of the open container law by being in possession of an open container of...
Savage v. State - 11/2/2001
Following a jury trial, Mark Savage appeals his convictions of driving under the influence of drugs to the extent it was less safe to drive and driving with a controlled substance in his blood, in violation of OCGA §§ 40-6-391 (a) (2)...
Williams v. State - 11/2/2001
Following a jury trial, Joel R. Williams appeals his conviction for driving with a suspended license, driving without a valid license, driving without proof of insurance, fleeing and eluding police officers, reckless driving, criminal...
State v. Hammons - 11/1/2001
On December 12, 1991, Hammons pled guilty to vehicular homicide in the first degree. A sentence review panel affirmed that 15-year sentence. Dissatisfied with his continuing incarceration, Hammons filed unsuccessful pro se motions...
Madden v. State - 10/25/2001
Following a bench trial, John Madden was found guilty of driving under the influence with a blood/alcohol concentration of 0.08 or more and violating the restrictions of his limited driving permit. On appeal, Madden asserts that the...
Reese v. State - 10/23/2001
Brandon Reese appeals his convictions for driving under the influence and possession of an open container. He claims that the trial court erred in denying his motion to suppress and in admitting evidence of his previous DUI conviction....
Pecina v. State - 10/22/2001
Everardo Martinez Pecina was convicted of driving under the influence of alcohol to the extent that it was less safe for him to drive than if he was not so influenced ("DUI"), OCGA § 40-6-391 (a) (1), and serious injury by vehicle,...
Ramos v. State - 10/19/2001
Jay Anthony Ramos was tried before a jury for failure to maintain lane and driving under the influence of alcohol. The jury found him guilty of failure to maintain lane, but was unable to reach a verdict on the driving under the...
Way v. State - 10/12/2001
Dale Way was convicted by a jury of speeding, driving under the influence to the extent he was a less safe driver, and possession of cocaine with the intent to distribute. Way appeals only his conviction for possession of cocaine with...
Childress v. State - 10/11/2001
Jason Michael Childress was charged with the offenses of driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391 (a) (1)), driving with more than 0.10 per cent blood alcohol content (OCGA §...
Harris v. State - 10/11/2001
William Justin Harris was convicted of possession of methamphetamine. On appeal, he claims that (i) he was stopped and searched in violation of his Fourth Amendment rights, (ii) the evidence was insufficient to support the verdict,...
State v. McDuff - 10/11/2001
Richard Scott McDuff was driving his pickup truck on Cobb Parkway with two minor children riding unrestrained in the open bed. Cobb County Police Officer Greg Bradford pulled McDuff over for a violation of OCGA § 40-8-76.1 (e) (3),...
State v. Dorsey - 10/9/2001
This is the State's second appeal regarding the third bill of indictment against Jarius Dorsey for vehicular homicide by driving under the influence. The State appeals the trial court's order quashing Count Two of the indictment....
State v. Heredia - 10/4/2001
As amended October 23, 2001
The state appeals from the trial court's order granting Kevin Heredia's motion to suppress. The record shows that the trial court granted the motion for four reasons: (1) a Cobb County police officer...
Taylor v. State - 10/1/2001
In accordance with the Unified Appeal Procedure, we granted Robin Leigh Taylor's application for interim review before her death penalty case proceeds to trial. We requested that the parties address the following matters: (1) whether...
Johnson v. State - 9/28/2001
A jury found Michael Ray Johnson guilty of two counts of DUI and one count of no proof of insurance. Johnson moved for a new trial which motion the court granted as to the DUI convictions, but denied as to the no-proof-of-insurance...
Kendrix v. Hollingsworth Concrete Products - 9/17/2001
Donald Kendrix sought workers' compensation benefits following an accident that occurred while he was working for Hollingsworth Concrete Products, Inc. The Administrative Law Judge denied the claim because Kendrix tested positive for...
Avans v. State - 9/17/2001
Gary C. Avans, II appeals his conviction for DUI after a jury trial and the denial of his motion for new trial. In his sole enumeration of error, he contends his trial counsel was ineffective in failing to engage in plea bargaining...
Brown v. State - 9/14/2001
Natasha Renee Brown appeals the trial court's denial of her plea in bar of procedural double jeopardy, claiming that her payment of a fine for a seat belt violation prevents the State from pursuing additional charges arising from a...
State v. Carraway - 9/6/2001
The State appeals the trial court's order suppressing "all evidence subsequent to [David W. Carraway's] arrest, including the so-called field sobriety tests, visual observations of the officers, and the State administered breath test."...
Carroll v. State - 8/28/2001
As amended October 15, 2001
A jury found Freddie O. Carroll guilty of DUI, weaving over the roadway, and reckless driving. On appeal Carroll argues that the accusations based on these offenses were filed outside the two-year...
Dorsey v. State - 8/21/2001
Lloyd Dorsey appeals from the trial court's order denying his plea of former jeopardy. Dorsey claims the doctrine of collateral estoppel precludes the State from relitigating a motion to suppress in the criminal case against him...
Sanford v. State - 8/13/2001
Randall W. Sanford pled guilty to driving under the influence, driving with a suspended license, and driving without proof of insurance. The trial court sentenced Sanford to 36 months and directed that he serve 30 days in confinement...
Banks v. State - 8/13/2001
Laura Ann Banks appeals the trial court's denial of her motion for discharge and acquittal on speedy trial grounds. For reasons that follow, we affirm in part and reverse in part.
On August 11, 1999, a Dougherty County grand jury...
State v. Dodge - 8/9/2001
The State appeals from the discharge and acquittal of Danielle Dodge, who had been charged with three counts of driving under the influence of drugs or alcohol to the extent it was less safe to drive, OCGA § 40-6-391 (a), and running a...
Avant v. State - 8/9/2001
After a bench trial, Duane Scott Avant was convicted of driving under the influence of alcohol to the extent that it was less safe for him to drive and driving with an unlawful alcohol concentration. Avant appeals the denial of his...
Cloer v. State - 8/9/2001
Dan Cloer has appealed his misdemeanor conviction for DUI arising from a bench trial. His sole argument is that the court erred in denying his motion to suppress the evidence obtained by an officer at a roadblock. The trial court based...
Keller v. State - 8/6/2001
As amended December 10, 2001.
Gerald W. Keller appeals the trial court's denial of his motions for new trial and for sentence clarification and modification. Although Keller filed separate notices of appeal, we have consolidated...
Baker v. State - 8/3/2001
As amended December 3, 2001.
WHOLE COURT
After a jury trial, Chris Baker was convicted of driving under the influence of alcohol to the extent that he was a less safe driver. Baker appeals his conviction, arguing that the...
Schoolfield v. State - 8/1/2001
A Clayton County jury convicted defendant Loyd C. Schoolfield of one count of driving under the influence to the extent it was less safe for him to drive (Count 1) and one count of driving a moving vehicle while his alcohol...
Carson v. State - 7/31/2001
Everette Lee Carson was convicted of homicide by vehicle in the first degree, reckless driving, and improper lane change, stemming from an accident in which the vehicle he was driving struck a pedestrian who subsequently died. Carson...
Page v. State - 7/30/2001
Following a bench trial, Robin Benjamin Page was convicted in the State Court of DeKalb County 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); failure to maintain...
Swain v. State - 7/20/2001
As amended August 8, 2001.
On the night of January 20, 2000, Carol Swain's car crossed the center line of traffic and collided head-on with another vehicle. She was charged with DUI to the extent she was a less safe driver, and a...
Smith v. State - 7/16/2001
Following a jury trial, Danny Smith, Sr., appeals his convictions for driving under the influence to the extent that he was less safe, driving with an unlawful blood-alcohol concentration, and speeding. Smith now argues that: (1)...
Jones v. State - 7/16/2001
WHOLE COURT
The question on appeal is whether the defendant's numerous continuances and leaves of absence, which left only a seven-day window for trying the case during the second term, and his consenting to a notice resetting...
Bolden v. State - 7/16/2001
We granted Cordie Bolden's application for discretionary appeal to consider whether the trial court properly considered her plea of nolo contendere to a subsequent offense when it vacated her first offender status and resentenced her....
Smith v. State - 7/12/2001
Following a jury trial, Whitney Tyrone Smith appeals his convictions of failure to maintain lane, open container violation, and two counts of driving under the influence. Smith contends that the trial court erred in failing to charge...
State v. Bute - 7/9/2001
Following the trial court's grant of Victor Albert Bute's motion to suppress marijuana found in his automobile, the State appeals, contending that the arresting officer properly stopped Bute's truck to investigate a violation of OCGA §...
Brown v. State - 7/2/2001
On January 27, 1996, an anonymous informant called 911 and reported that a black male in a purple hat, black leather coat, and blue jeans was dealing drugs from a white automobile in an apartment complex. An officer dispatched to the...
Barrera-Palamin v. State - 6/26/2001
After a bench trial, Bernabe Barrera-Palamin was convicted of voluntary manslaughter, OCGA § 16-5-2 (a). Barrera appeals, challenging the denial of his motion to suppress and the sufficiency of the evidence. Finding no error, we...
Miller v. State - 6/13/2001
After a bench trial, William Roy Miller was convicted of driving under the influence of alcohol to the extent that he was a less safe driver. Miller appeals his conviction, arguing that the trial court erroneously admitted his prior...
Duvall v. State - 6/13/2001
A Henry County jury found Sean Pierre Duvall guilty of being an habitual traffic violator, driving under the influence to the extent that it was less safe to drive, and driving with an unlawful blood- alcohol content. The trial court...
Lutz v. State - 6/11/2001
Appellant James Stephen Lutz appeals from his conviction for driving under the influence of alcohol. As explained below, we conclude that the implied consent warnings given to appellant in conjunction with a chemical breath test to...
Gary v. State - 6/6/2001
BL-014
Following a bench trial in a civil forfeiture proceeding, the court determined that a Ford F-250 wrecker and $2,164 in U. S. currency were forfeited to the State. The trial court, however, enjoined the State from enforcing...
Priebe v. State - 6/6/2001
July 25, 2001: Opinion of June 6, 2001 is vacated. This is a substitute opinion.
Following a jury trial, Bradley Ernest Priebe appeals his conviction for driving under the influence of alcohol, contending that the trial court...
State v. Bowen - 6/4/2001
Reed Stephen Bowen was charged with operating a boat while having an alcohol concentration of 0.10 or more grams (BUI), in violation of OCGA § 52-5-12 (a) (4). The trial court granted Bowen's motion to suppress the results of a breath...
Maxwell v. State - 5/29/2001
P-028C
Stephen Charles Maxwell appeals his conviction on two counts of driving under the influence of alcohol, one count of driving without a valid Georgia driver's license, and one count of improper license plate. He challenges...
Taylor v. State - 5/29/2001
Stephen M. Taylor appeals his conviction following a bench trial for two counts of driving under the influence of alcohol. In his sole enumeration of error, Taylor contends that the trial court erred in denying his motion to suppress....
Zeeman v. State - 5/16/2001
Ru-014
Following a bench trial, Noah Zeeman was convicted of possessing cocaine in violation of the Georgia Controlled Substances Act. On appeal, he challenges the trial court's denial of his motion to suppress evidence. For...
State v. Hammang - 5/14/2001
BA-006C
The State appeals the trial court's grant of Jamie Sue Hammang's motion to suppress evidence obtained after a police officer stopped Hammang's car, including breath test results showing blood alcohol contents of 0.057 and...
State v. Bazemore - 5/10/2001
SM-009C
The State appeals the trial court's dismissal of the charges against Douglas L. Bazemore after determining that he was denied his constitutional right to a speedy trial. We affirm.
On August 3, 1998, Doraville...
Yount v. State - 5/9/2001
Arthur White Yount was convicted after a jury trial for driving under the influence of alcohol to the extent that it was less safe to drive and driving under the influence with an unlawful alcohol concentration. Yount enumerates three...
Hermann v. State - 5/8/2001
Jeffrey James Hermann was charged with a violation of the Georgia Controlled Substance Act for possession of marijuana. OCGA § 16-13-30. Hermann entered a guilty plea pursuant to OCGA § 16-13-2 (a), so that he would be conditionally...
Parker v. State - 5/8/2001
Randall L. Parker was convicted of the following offenses: driving under the influence of alcohol ("DUI") to the extent that he was a less safe driver, OCGA § 40-6-391 (a) (1); driving without headlights, OCGA § 40-8-20; and improper...
Hightower v. State - 5/7/2001
MI-004C
A jury found David Hightower guilty of failure to maintain lane, trafficking in cocaine, and violating the Georgia Controlled Substance Act by possessing cocaine with the intent to distribute. He appeals his convictions,...
Bragg v. State - 4/30/2001
MI-003C
Executing a search warrant, police found in Stephen Bragg's residence and car 28.5 grams of cocaine, 172 MDMA ("Ecstasy") tablets, ten pounds of marijuana, a rifle, and more than $19,000.00 in cash. Following an...
Fisher v. State - 4/30/2001
On October 1, 1998, appellant Robert Fisher was charged with DUI and operating a motor vehicle without a license plate. On November 10, 1998, appellant demanded a speedy trial pursuant to OCGA § 17-7-170, which provides that a...
Bravo v. State - 4/30/2001
MI-006C
Convicted of DUI and speeding, William James Bravo appeals on two grounds: (i) the court erred in admitting his refusal to take field sobriety tests, and (ii) the court erred in failing to give his requested charge that...
Berry v. State - 3/30/2001
BA-076C
Pursuant to the grant of an interlocutory appeal, Henry Lorenzo Berry appeals the superior court's denial of his motion to suppress evidence seized from his car after a traffic stop. He contends the trial court erred by...
State v. Gibbons - 3/30/2001
BA-075C
Pursuant to OCGA § 5-7-1 (a) (4), the State of Georgia appeals the trial court's grant of a motion to suppress filed by Michael Stinemetz and Vincent Gibbons. The State contends the trial court erred by finding that the...
Bagwell v. State - 3/28/2001
A jury convicted Robert Bagwell of driving under the influence of alcohol ("DUI") to the extent it was less safe for him to drive, and driving while his alcohol concentration was more than 0.10 grams (a "per se" violation). On...
Polizzotto v. State - 3/28/2001
Jeffrey Polizzotto was charged with driving under the influence of alcohol ("DUI") to the extent that he was a less safe driver, OCGA § 40-6-391 (a) (1), and "laying drags" in violation of OCGA § 40-6-251. Prior to trial, Polizzotto...
Buckalew v. State - 3/23/2001
RU-073C
Steven M. Buckalew was convicted of two counts of boating under the influence. He was sentenced only on count two, boating under the influence per se. In his appeal, Buckalew challenges the sufficiency of the evidence....
Carthon v. State - 3/23/2001
Ijean Carthon was convicted of second degree vehicular homicide, driving under the influence of alcohol to the extent she was a less safe driver, driving under the influence of drugs, and failure to yield the right of way. She asserts...
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