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Prosecutors Decline to File DUI Charges against Sheriff Candidate with Two Prior DUIs

According to statistics from the National Highway Traffic Safety Administration (NHTSA), DUI accident fatalities increased from 9,865 in 2011 to 10,322 in 2013. The NHTSA reported that the majority of DUI accidents with fatalities involved drivers whose blood alcohol concentration (BAC) was 0.15 percent or higher, or almost twice the legal limit. A 2006 study by the NHTSA estimated that there is one drunk driving fatality in the United States every 30 minutes.

Georgia's Driving Under the Influence Laws are complex. Georgia DUI injury attorney Shane Smith can sort through the intermingled laws that potentially create complications in a DUI case.

A 51-year-old man in another state will not face felony DUI charges, prosecutors determined. The man, who had been a sheriff candidate, was arrested as he left the county courthouse after he entered the race for sheriff.

According to the police report the man was stopped after making an illegal turn. He was driving on a suspended license and he had no proof of insurance. His breath tests registered BACs of 0.091 and 0.085 when he was detained. A blood sample taken roughly an hour after the driver's arrest registered a BAC of 0.07 percent. The county forensic science division determined that the man's correct BAC was 0.078, less than the legal limit for intoxication.

The driver has two prior DUI convictions in a seven-year period. He also had been arrested for disturbing the peace and for public intoxication. He removed his candidacy for sheriff after his arrest.

If you have questions about Georgia DUI laws, get the answers in Clayton County DUI injury attorney Shane Smith's book, I Was Hit By a Drunk Driver: What Do I Do Next? Contact the Law Offices of Shane Smith to schedule a free legal consultation.


Shane Smith
Advocate for the Seriously Injured in Georgia