Georgia DUI Case Law - New probable cause to arrest case
In an opinion published on October 24, 2008, the Georgia Court Of Appeals reversed a conviction because the officer lacked probable cause to arrest for DUI.
The case is Handley v. The State. At present, only the Westlaw site is available 2008 WL 4694283.
The main holdings are quoted below.
"Evidence which shows only that a defendant had alcohol in her body while driving provides insufficient probable cause to arrest for driving under the influence. Impaired driving ability depends solely upon an individual's response to alcohol. Because individual responses to alcohol vary, the presence of alcohol in a defendant's body, by itself, does not support an inference that the defendant was an impaired driver.
Here, the State offered no evidence showing that Handley's driving ability was impaired due to alcohol consumption. The deputy testified that he noticed nothing remarkable about Handley's driving. The State presented no evidence showing that Handley's speech was slurred, her gait was unsteady, or her eyes were bloodshot, watery, or glassy, and the deputy conducted no field sobriety tests. The only evidence offered was that the officer smelled alcohol on Handley's breath, the alco-sensor test revealed the presence of alcohol, and Handley admitted that she had been drinking "earlier in the day." This evidence is insufficient as a matter of law to constitute probable cause to arrest Handley for driving under the influence."
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