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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Wickham v. State - 3/21/2001
On March 20, 2000, Robert David Wickham was charged by accusation in the City Court of Atlanta with driving under the influence of alcohol, in violation of OCGA § 40-6-391 (a) (1); disobeying a traffic control device, in violation of...
Johnson v. State - 3/21/2001
P-076C
Defendant Scott Richard Johnson was found guilty of DUI following a bench trial. He appeals, contending the trial court erred in denying his motion to suppress and that the evidence was insufficient to support his...
Cheatwood v. State - 3/14/2001
BA-004C
Don Robin Cheatwood appeals his probation revocation, arguing that the trial court erred in admitting into evidence the results of Roche Diagnostic Corporation's OnTrack TesTstik drug test as proof he violated the terms...
Swanson v. State - 3/12/2001
BA-094C
A jury found Kenneth Earl Swanson guilty of three counts of homicide by vehicle, three counts of feticide by vehicle, and two counts of driving under the influence. Swanson appeals, contending the trial court erred by (1)...
State v. Shephard - 3/5/2001
Defendant Gary Paul Shephard was charged with driving under the influence of alcohol ("DUI"), having an unlawful blood alcohol concentration, striking a fixed object, and weaving on a roadway. He filed a motion to suppress evidence...
Driver v. State - 3/5/2001
A jury found Earl Driver guilty of habitual violator (Count 1) and driving a vehicle while his alcohol concentration was more than 0.10 grams (Count 3). He was acquitted of driving under the influence to the extent it was less safe...
Wrigley v. State - 3/2/2001
P-094C
William H. Wrigley appeals from his conviction on one count of driving without a license on his person and one count of driving under the influence. We affirm.
In the early hours of May 8, 1998, the Motorcycle Squad...
State v. Dymond - 2/28/2001
092C
The trial court granted Julie Anne Dymond's motion to suppress and, subsequently, under OCGA § 17-7-170 (b), it also granted Dymond's motion for discharge and acquittal of her pending DUI charge. In so doing, the trial court...
Aggarwal v. State - 2/28/2001
EL-011C
Following a bench trial in Gwinnett County State Court, Rahul Aggarwal was found guilty of violating OCGA § 40-6-391 (k) (1), which provides that a "person under the age of 21 shall not drive or be in actual physical...
Black v. State - 2/27/2001
EL-006C
Following a bench trial, Terrance C. Black was found guilty of driving under the influence of alcohol ("DUI") - less safe driver; DUI -excessive blood alcohol concentration ("BAC"); and following too closely. The trial...
Hodges v. State - 2/27/2001
EL-002C
George W. Hodges was stopped at a roadblock inspection for driver's licenses and insurance papers and subsequently was charged with defective equipment, no proof of insurance, and DUI. The charges of defective equipment...
Outlaw v. State - 2/22/2001
BL-006C
Following a bench trial, Billy Outlaw appeals his conviction for driving under the influence of alcohol, alleging that the trial court erred by denying his motion in limine in which he sought to exclude the results of the...
Daugherty v. State - 2/21/2001
Lenard Rodney Daugherty was convicted of driving under the influence of alcohol by a Bibb County jury. On appeal, Daugherty contends that the trial court erred by admitting into evidence statements that he made at the scene and by...
Chandler v. State - 2/20/2001
BA-008C
Andrew Chandler appeals from his convictions of driving under the influence and no proof of insurance, contending insufficient evidence supports his convictions and that the trial court erred when it allowed admitted...
Keenum v. State - 2/20/2001
Claude Kermit Keenum, Jr. appeals from the judgment entered after a bench trial finding him guilty of driving under the influence of drugs. We find no reversible error and affirm.
This case arose when police responded to a call...
Harper v. State - 2/16/2001
EL-005C
A Henry County jury found Howard A. Harper guilty of DUI - less safe driver, and reckless driving. He appeals the jury's verdict by challenging (1) the sufficiency of the evidence against him, and (2) the trial court's...
Collins v. State - 2/14/2001
EL-0439
A Fulton County jury found Michael Collins guilty of driving under the influence of alcohol ("DUI") - less safe driver. In his sole enumeration of error, he contends that he received ineffective assistance of counsel at...
Lyons v. State - 2/14/2001
EL-007C
A Monroe County jury found Carlton Lyons guilty of vehicular homicide - driving while his license was revoked due to HV status; vehicular homicide - driving under the influence ("DUI") (alcohol - less safe driver); and...
Muir v. State - 2/14/2001
BA-090C
Jamie P. Muir appeals from her convictions of speeding, driving under the influence to the extent she was a less safe driver, (OCGA § 40-6-391 (a) (1)), and driving with an alcohol concentration greater than 0.10 grams,...
Yates v. State - 2/12/2001
MI-090C
Following a non-jury trial, Scott Michael Yates was convicted of driving under the influence of alcohol to the extent that he was less safe to drive and of weaving over the roadway. On appeal, he claims the trial court...
Patel v. State - 2/5/2001
MI-95C
Pulin R. Patel was tried before a jury in the City Court of Atlanta and found guilty of following too closely, leaving the scene of an accident, reckless driving, and driving under the influence of alcohol. His convictions...
Payne v. State - 2/1/2001
BA-095C
A jury found Ronald Edward Payne guilty of possession of cocaine with the intent to distribute. He appeals, contesting the sufficiency of the evidence, the admission of certain evidence, and several of the jury charges....
State v. Sherrill - 1/29/2001
SM-082C
DeKalb County police stopped Stuart Sherrill at a roadblock. The stop led to charges of driving under the influence of alcohol and driving with an unlawful blood alcohol content. OCGA § 40-6-391 (a) (1); OCGA § 40-6-391...
Sillman v. State - 1/24/2001
BA-100C
James Sillman appeals his conviction of driving under the influence, asserting that the trial court erred in admitting certain evidence despite the State's alleged failure to produce that evidence pursuant to a discovery...
McCafferty v. State - 1/24/2001
SM-081C
Following a bench trial on stipulated facts, Brandon McCafferty was convicted on charges of driving under the influence of alcohol to the extent that it was less safe for him to be in actual physical control of a vehicle...
Sikes v. State - 1/23/2001
BL-082C
Following a bench trial, Douglas Paul Sikes appeals his convictions of operating a motorcycle without a headlight, driving under the influence of drugs, possession of marijuana with the intent to distribute, possession of...
Keller v. State - 1/19/2001
BL-098C
Following a jury trial, Gerald W. Keller appeals his conviction for driving with a suspended license under OCGA § 40-5-121, contending that (1) he was excepted from the scope of OCGA § 40-5-121 because there was some...
Brunson v. State - 1/18/2001
A jury found Phillip M. Brunson guilty of driving with an unlawful alcohol concentration and driving under the influence of alcohol to the extent that it was less safe for him to drive. He appeals, claiming that the trial court erred...
Campbell v. State - 1/16/2001
A jury found Robert Campbell not guilty under Count 1 of driving under the influence to the extent it was less safe for him to drive, guilty under Count 2 of driving a vehicle while his alcohol concentration was more than 0.10 grams...
Fortson v. State - 1/11/2001
Sm-075C
Randall Fortson was indicted on charges of trafficking in cocaine, selling cocaine, and possessing cocaine with intent to distribute, and a jury found him guilty as charged. His amended motion for new trial was denied,...
Bailey v. State - 1/8/2001
Appellant Samuel Bailey appeals his convictions for felony murder based upon aggravated assault, armed robbery, and illegal firearm possession. Having reviewed the record, we conclude that the evidence supports appellant's...
Dodgen v. State - 1/3/2001
MI-086C
Leslie Caron Dodgen was found guilty of driving under the influence of alcohol. On appeal, she challenges the exclusion of her would-be testimony as hearsay, and in three related enumerations of error, she challenges the...
Lewis v. State - 12/28/2000
Melvin Allen Lewis appeals from the judgment entered after a jury found him guilty of driving under the influence to the extent that it was less safe for him to drive and having an open container in his car. The sole issue before us on...
Stone v. State - 12/15/2000
As amended February 22, 2001
After a bench trial, Rachel S. Stone was convicted of driving under the influence of alcohol to the extent that she was a less safe driver. Stone appeals her conviction, enumerating as error the...
Tessmer v. State - 11/30/2000
Ethel Elizabeth Tessmer was convicted of felony murder, predicated on the underlying felony of aggravated assault, in connection with the shooting death of her husband, David Newton. This appeal follows the denial of her motion for a...
Middleton v. Smith - 11/29/2000
Finding irregularities in two contested primary contests in Long County, Georgia, the Superior Court of Long County declared the election invalid. In our view, petitioners failed to affirmatively show that the irregularities put the...
Evans v. State - 11/27/2000
Paula Evans appeals her conviction of driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (1) and (5). She contends that the evidence was insufficient to support the verdict and that the court erred in its charge...
Smith v. Gwinnett County - 11/21/2000
JE-047
In August 1997, Grady Smith was convicted in the Recorder's Court of Gwinnett County of violating two county ordinances. Smith appeals from the Gwinnett County State Court's order affirming his convictions. Finding that...
Hunt v. State - 11/21/2000
Steven L. Hunt was charged with driving under the influence of alcohol to the extent that he was a less safe driver ("DUI"), obstruction of an officer, driving with an open container, following another automobile too closely, having no...
Clark v. State - 11/20/2000
PH-038C
Harvey Clark appeals his convictions for Driving Under the Influence and Driving on the Wrong Side of the Road. He contends the trial court erred in failing to dismiss for cause a juror who was being represented in a...
McNeece v. State - 11/8/2000
JE-063C
Tommy Ladale McNeece stands charged with driving under the influence of alcohol to the extent that it was less safe to drive, OCGA § 40-6-391 (a) (1); driving under the influence of alcohol with an alcohol concentration...
Wilkins v. State - 11/6/2000
P-066C
Defendant Lester Bebee Wilkins was convicted by a jury of two counts of arson in the first degree. At sentencing, the trial court merged Count 2 into Count 1. Wilkins appeals following the denial of his motion for new...
Carnell v. State - 10/24/2000
EL-092C
A Gordon County jury convicted defendant Billy H. Carnell of four counts of homicide by vehicle (OCGA § 40-6-393) and two counts of driving under the influence (OCGA § 40-6-391). The superior court thereafter sentenced...
Chamberlain v. State - 10/17/2000
Debra Chamberlain appeals her conviction of driving under the influence of alcohol and failure to maintain her car in the appropriate lane. She claims that the trial court erred in admitting evidence of her alleged refusal to take a...
Crawford v. State - 10/12/2000
Amie Crawford was found guilty of one count of driving with an unlawful alcohol concentration and one count of driving with an expired tag. She appeals her conviction of driving under the influence of alcohol, claiming that the trial...
King v. State - 10/2/2000
Rebecca King was involved in a single-car collision. Emergency personnel found her in a semiconscious condition and transported her to the hospital before any investigating officer arrived on the scene. Because of the seriousness of...
Davis v. State - 10/2/2000
Stefon Davis was charged with driving under the influence, driving without a valid license, reckless driving, failure to drive on the right side of a roadway, fleeing and attempting to elude an officer, failure to wear a seatbelt, and...
Florence v. State - 10/2/2000
BA-072C
Patrick Florence appeals pro se his convictions for cocaine possession and driving without a license. For the reasons that follow, we affirm.
Construed to support the verdict, the evidence showed that a Mitchell...
Jones v. State - 10/2/2000
Appellant Gary Jones appeals his conviction for felony murder, arguing, among other things, that because the State failed to prove beyond a reasonable doubt that venue for his trial was properly laid in Fulton County, he was denied...
Lewis v. State - 9/27/2000
Ru-069C
Lonas Edward Lewis was convicted of driving under the influence of alcohol. On appeal, he contends that the trial court erred in denying his motion to suppress and in allowing a prosecution witness to testify. For reasons...
Couch v. State - 9/22/2000
P-065c
In this discretionary appeal, Couch appeals judgment of conviction entered upon a revocation of first offender's probation. Because the trial court failed to credit Couch with time already served on probation, we remand...
McBride v. State - 9/12/2000
EL-087C
We granted defendant Harry Wayne McBride's application for discretionary review in this drug case involving the failure to use a turn signal under OCGA § 40-6-123 . Defendant now appeals the superior court's denial of...
Ayers v. State - 9/11/2000
We granted defendant Michelle Ayers interlocutory appeal to address whether Love v. State, 271 Ga. 398, 402 (3) (517 SE2d 53) (1999), applies to an indictment which charges reckless driving and first degree vehicular homicide through...
Joel v. State - 8/31/2000
JO-048C
Matthew Joel files this interlocutory appeal from the trial court's denial of his motion to exclude the results of a state-administered chemical sobriety test. Because the arresting officer was not justified in refusing...
Peck v. State - 8/18/2000
Timothy Peck appeals from the judgment entered after a jury found him guilty of theft by taking a truck from the lot of a trucking company, criminal damage to property, driving under the influence, driving while license suspended, and...
Brockington v. State - 8/16/2000
JO-066C
Following a bench trial, Sharon Brockington was found guilty of driving while under the influence of alcohol. She was found not guilty of allowing an unlicensed person to drive and driving with an open container of...
Lagyak v. State - 8/15/2000
JO-035C
Richard Lagyak appeals from the trial court's denial of his motion for judgment of acquittal pursuant to his speedy trial demand under OCGA § 17-7-170, asserting the trial court erred in determining that his demand was...
Werner v. State - 8/10/2000
As amended November 7, 2000
Sm-038C
Nicholas Eric Werner appeals from the denial of his motion for new trial after he was found guilty by a jury and sentenced for driving under the influence of alcohol to the extent that he...
Brinson v. State - 8/4/2000
EL-069C
Barron Brinson directly appeals from the trial court's order denying his plea in bar of double jeopardy grounds. See Patterson v. State, 248 Ga. 875 (287 SE2d 7) (1982). Finding no error, we affirm.
Brinson was...
Arce v. State - 8/4/2000
MI-037C
The question on appeal is whether Miranda warnings must precede field sobriety tests during routine roadside questioning, where the detained driver is not under formal arrest but exhibits many physical manifestations of...
Davis v. State - 7/28/2000
JO-049C
In the early morning hours of September 1, 1996, a van driven by sixteen-year-old Charles Davis, Jr. left the roadway and collided head-on with a tree. As a result of the collision, a fire started in the van. Spilled...
Diaz v. State - 7/27/2000
Sm-044C
Kerwin Diaz was found guilty in a bench trial of driving under the influence of alcohol to the extent that he was a less safe driver, failing to maintain lane, and driving without a license. He appeals his conviction and...
State v. Blackwell - 7/14/2000
Ru-004C
The trial court dismissed drug possession charges against John Blackwell after the State intentionally destroyed Blackwell's urine sample. The State Crime Lab's positive test results on the sample were the only evidence...
State v. Bowen - 7/14/2000
SM-017C
Reed Stephens Bowen was arrested for boating under the influence. See OCGA § 52-7-12 (a) (4). Department of Natural Resources rangers gave Bowen his implied consent notice, and then a breath test. Bowen moved to suppress...
Klink v. State - 7/10/2000
At issue in both of these appeals is the constitutionality of OCGA § 40-5-67.1, that provides for notice of implied consent to chemical testing for those suspected of driving under the influence of alcohol.
S00A0503 ...
Humphrey v. State - 7/6/2000
P-025C
Daniel Humphrey appeals his convictions for driving under the influence, attempting to elude an officer, and driving on the wrong side of the road. He asserts the trial court made four errors.
1. Humphrey contends...
Christian v. State - 6/29/2000
BL-035C
Following a jury trial, Dax Christian appeals his conviction of driving under the influence to the extent that he was a less safe driver, OCGA § 40-6-391. Christian contends the trial court erred by: (1) failing to grant...
Brown v. State - 6/22/2000
Ru-104C
In Brown v. State, we held that the evidence was sufficient to support Melvin Brown's convictions for driving under the influence of alcohol and violating the Georgia Driver's License Act. In addition, we held that the...
Georgia Farm Bureau Mutual Insurance Co. v. John Deere Insurance Co. - 6/22/2000
P-024
Georgia Farm Bureau Mutual Insurance Company brought a declaratory judgment action seeking a determination that it was not required to provide coverage or a defense to its named insured, Larry Spence, after he was sued for...
Green v. State - 6/22/2000
EL-059C
Shelm Green appeals from a Fulton County jury's verdict finding him guilty of vehicular homicide with driving under the influence of alcohol ("DUI") as the underlying cause; DUI - less safe driver; failing to stop at the...
Lyons v. State - 6/15/2000
BL-020C
In this interlocutory appeal of a DUI prosecution, Nancy L. Lyons challenges the trial court's denial of her motion to suppress the results of field sobriety tests, contending that: (1) an admitted videotape of the...
Goddard v. State - 6/13/2000
Ross M. Goddard appeals from the judgment entered on the jury's verdict of guilty 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 driving with an unlawful...
Bazemore v. State - 6/13/2000
P-004c
This case appears before us for the third time. The only remaining question is whether the trial court erred in quashing Bazemore's subpoena for production of numerous records from the State's forensic chemist related to...
Birnbrey - 6/12/2000
Noah Yirga, the guardian of Elleni Tombassa, sued Birnbrey, Minsk & Minsk, L.L.C. (Birnbrey), Garland W. Campbell, and the Mansion Restaurant, Inc. (Mansion) in an effort to recover damages allegedly relating to an automobile...
Price v. State - 6/9/2000
EL-063C
This is an appeal from the denial of John Charles Price's motion for discharge and acquittal. The following facts were adduced from the record and the transcript of the hearing on the motion:
On July 28, 1995,...
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