Police are not always correct in their evaluation of a driver’s sobriety. Many residents of Georgia are arrested on DUI first offense charges, even though they were completely sober at the time of the policeman’s evaluation. Not only can breathalyzer test results be entirely inaccurate, but a person’s outward behavior – especially if they were just involved in an accident – may not be the best indicator of how sober they are. For this reason, sometimes an individual is charged with DUI, but the charge is later dismissed.
On July 18, a fatal car accident left two pedestrians, a woman and her 6-year-old daughter dead, after a truck hit them. The woman and her daughter were walking at the time of the accident when man driving a truck struck the both of them. The 43-year-old driver of the truck was so hysterical following the accident that police suspected he had been taking drugs and charged him with a DUI.
A judge has since dismissed the DUI charge. However, the man had fled the scene after the accident and was arrested later when found by the police. The judge has decided that there is enough evidence to keep the man jailed. Authorities are also waiting for the results of the man’s blood test taken at the time of his arrest.
DUI first offense charges do not come with the threat of a punishment that is as severe as DUI second offense charges and in some cases DUI first offense is an easier accusation to defend and – in the best of circumstances – get dismissed. For example, citizens of Georgia who face a DUI charge, may be able to employ legal arguments to show it is completely unfounded. At the very least, the accused may be able to achieve reduced punishments.
The Republic, “DUI charge thrown out in Lilburn crash that killed woman, her 6-year-old daughter,” July 25, 2013