Have you been recently arrested for D.U.I? Did you know that there is a 10 day deadline to request an administrative license suspension (ALS) hearing? Failure to timely request an ALS hearing could result in a 1 year license suspension (with no work permit). Don’t delay!

The ever increasing penalties for D.U.I make it a crime which the general practice lawyer should not handle. Our firm handles more D.U.I cases than any other kind of criminal case. Seek professional advice and zealous representation at McFarland & McFarland, P.C. for your D.U.I case. It only takes probable cause for an arrest but proof ‘beyond a reasonable doubt’ is required for a conviction!

Has your home, vehicle, or person been searched by law enforcement? Did you know that the Fourth Amendment of the United States and Georgia Constitutions prohibits the police from making unreasonable searches and seizures? You would be surprised to know how many searches performed by police officers are not legal.

Fourth amendment violations always results in suppression or exclusion of the illegal drugs from the case. In most cases, if the prosecutor cannot use the drugs as evidence, they will have no other choice but to dismiss the case. Don’t plead guilty without a professional opinion or a judge saying the procedures the police used complied with the Fourth Amendment.

Call today for a free telephone consultation. 770-889-2522

Successful DUI/Drug Case Examples:

1. Drug and DUI Charges Dismissed. Client (S.H.) was stopped for driving 19 MPH in a 45 MPH zone. The Forsyth County Officer stated that Client failed all the field sobriety tests and arrested her for DUI. Client registered a .115 on the breath test at the jail. Additionally, suspected cocaine was also found in Client's property at the jail. Client was charged with possession of cocaine and DUI. Attorney Parker McFarland filed a motion to suppress challenging the legality of the stop of Client's vehicle. Prior to the pre-trial hearing, the District Attorney conceded that the stop of Client's vehicle was unlawful and dismissed all the charges.

2. DUI Charges Reversed and Dismissed: Client (K.B.) was stopped by the City of Cumming Police for failure to maintain lane and eventually arrested for DUI. The breath test result at the jail was .172. Client asked for an independent blood test and the officer took him to the hospital but would not allow him to use a telephone or go to an ATM to obtain funds for the blood test. Attorney Parker McFarland filed a motion to suppress the breath test results due to the failure of the officer to reasonably accommodate Client's request for an independent blood test. The Cumming Municipal Court Judge denied the motion and found the Client guilty of DUI Per Se (unlawful blood alcohol level). Attorney Parker McFarland filed an appeal from Municipal Court to Superior Court. After an oral argument, the appellate court reversed the Cumming Municipal Court's ruling and held that the trial court erred in denying Client's motion to suppress. Consequently, Client's DUI conviction was overturned and he was cleared of all charges.

3. DUI Acquittal: After a single vehicle accident, Client (F.B.) was arrested by City of Cumming Police Officers for a second DUI within a five year period and failure to maintain lane. Client registered an invalid sample and then a .175 on the breath test at the jail. Attorney Parker McFarland filed a motion to suppress the breath test result because the officer only waited 11 minutes before retesting Client after the invalid sample and the law required 20 minutes to pass before retesting following an invalid sample. At the hearing on the motion to suppress in Forsyth County State Court, the State conceded that the breath test should be suppressed and it was. Despite evidence at the jury trial of Client's previous DUI conviction, 22 open containers, slurred speech, bloodshot/glassy eyes, unsteadiness, and a strong odor of alcohol, the jury found Client 'not guilty' of DUI in about 30 minutes.

4. DUI Charges Dismissed: Client (P.H.) was stopped for driving without headlights at 6:06 a.m. in Atlanta and was arrested for DUI. At the jail, Client registered a .093 on the breath test. Attorney Parker McFarland filed a motion to suppress the breath test and contended there was not enough probable cause for a DUI arrest. The State's evidence at the suppression hearing in Fulton County State Court was that Client was driving without headlights, had a strong odor of alcohol, bloodshot eyes, six out of six clues on the HGN eye test, and two clues out of four on the one leg stand for swaying and raising Client's hands (both were considered failed field sobriety tests). Attorney Parker McFarland presented a certified copy of the official sunrise time of 6:27 a.m. thus proving that Client was legally driving without headlights since he was within the 30 minute grace window. Attorney Parker McFarland showed that the police officer did not perform the HGN test correctly and the videotape did not support the officer's scoring of the one leg stand. The Judge granted the motion to suppress the breath test results and Attorney Parker McFarland's subsequent motion to dismiss all of the charges.

5. DUI Acquittals: In these two separate cases, both Clients (M.T. and B.M.) were arrested by Dawson County Officers for DUI with M.T. scoring .121/.112 on the breath test and B.M. scoring .101/.101 on the breath test. In both cases, Attorney Parker McFarland hired an expert who testified at the jury trial that (1) gastric reflux caused the breath test results to be inflated due to stomach gas making its way into the esophagus and contaminating the breath test results and that (2) Clients true blood alcohol level was under the legal limit of .08. In both cases, Attorney Parker McFarland obtained "not guilty" verdicts on both the DUI Per Se (unlawful alcohol level) and DUI Less Safe charges.

6. DUI Charges Dismissed: Client (J.J.) was stopped by a Gwinnett County Police Officer due to his temporary dealer drive out tag and was subsequently arrested for DUI after allegedly failing several field sobriety tests. Client made some admissions of his guilt and refused the breath test at the jail. Attorney Parker McFarland filed a motion to suppress in which he contended that the stop of Client's vehicle was unlawful. After a hearing, the Gwinnett County State Court Judge granted the motion and suppressed all the evidence. Subsequently, all the charges were dismissed.

7. Acquittal of BUI Charge: Client (M.O.) was charged with BUI in the Superior Court of Greene County. Client blew .098/.098 on the breath test at the jail (prior to 7/1/01). Despite being in a very conservative jurisdiction with a jury who largely did not drink alcohol and although the State requested and received a jury charge that any breath test above .08% created a presumption that Defendant was 'less safe', Client was found "not guilty" of DUI.

8. DUI Acquittal: Client (J.A.D.) was charged with DUI Drugs (lortab) and speeding 84 MPH in a 65 MPH zone by Forsyth County Officers. At the jury trial in Forsyth County State Court, the officer testified that Defendant admitted to taking two lortabs 4-6 hours prior to arrest, was speeding, unsteady on his feet, failed the HGN eye test with 6 of 6 six possible clues, had bloodshot, watery, and very dilated eyes, non-reacting pupils, slow speech, slow reactions, was slow in stopping, had sweaty skin, that Client failed the one leg stand with 3 out of 4 possible clues, that Client failed the Rhomberg test by estimating 30 seconds in 40 seconds, and that Client refused a blood and urine test. Client testified that he took lortab pursuant to a prescription resulting from back surgery. Attorney Parker McFarland argued to the jury that the State had not met its burden of proof for D.U.I. prescription drugs that Client was 'incapable of driving safely'. The jury agreed and returned a 'not guilty' verdict for both DUI Drugs and Speeding.

9. DUI Acquittal: Client (R.J.) was charged with a second DUI offense within 5 years and open container in Forsyth County State Court. Attorney Parker McFarland filed a motion to suppress the HGN eye test results. The prosecutor agreed that the HGN test was performed improperly and consented to the suppression of the HGN test. At the jury trial, the officer testified that Client had an odor of alcohol, bloodshot eyes, that he found a case of beer in Client's vehicle with 7 missing beers, and that Client admitted that he 'just killed a beer'. The jury found Client 'not guilty' of DUI.

10. DUI Acquittal: Client (R.B.) was charged with DUI in Hall County State Court. The State's evidence was that Client was involved in a 'head on' collision, had a strong odor of alcohol, bloodshot, glassy eyes, slurred speech, that he admitted to having an open container of liquor, that he refused a breath test, and that he admitted to drinking a beer at 9 a.m. Attorney Parker McFarland hired a medical doctor who gave expert testimony that a shot of morphine at the hospital likely caused the slurred speech and that a 'head on' collision can cause symptoms associated with impairment such as bloodshot, glassy eyes, and slurred speech. The jury returned a verdict of 'not guilty' to DUI.

11. DUI Charges Reduced. Client (C.C.) was stopped for driving at a high rate of speed on the wrong side of the road and almost hitting a Forsyth County Sherif's Deputy head on. The officer said that Client had slurred speech, glass eyes, was unsteady on his feet, swayed while walking, had an open container of liquor, and failed all three field sobriety tests. Client was charged with DUI Per Se, DUI Less Safe, Wrong Way on Roadway, Speeding in Excess, Reckless Driving, Suspended License, Invalid License, and Open Container. Attorney Parker McFarland filed a Motion to Suppress the breath test result which alleged that the State could not prove that Client consented to taking the test. Client had previously stated "no" to the breath test but the officer kept reading the implied consent warning and repeatedly asked for a test at the jail until Client blew into the machine. The State conceded that the breath test result should be suppressed from evidence. Attorney Parker McFarland proved that Client's license should not have been suspended and successfully negotiated a Nolo plea (no points) to one count of reckless driving and open container. All remaining charges were dismissed.
12. Administrative License Suspension Reversed/DUI Charge Reduced: Client (J.W.) went through a roadblock in White County. The officer observed a strong odor of alcohol, slow and slurred speech, bloodshot and watery eyes, and that Client leaned on his vehicle for support. Client, who had five prior DUI arrests, refused all field sobriety tests and the state administered breath test and fell asleep before he was transported to the jail. Attorney Parker McFarland represented Client at the administrative license suspension hearing. The judge agreed with Parker McFarland that the Department of Driver Services failed to prove that the roadblock was Constitutional and reversed Client’s license suspension. Afterwards, the prosecutor in White County Probate Court agreed to reduce the DUI charge to reckless driving.
13. DUI & Drug Charges Dismissed/Administrative License Suspension Reversed: Client (J.F.) was 20 years old, had a prior DUI, and was on felony probation for possession of marijuana with intent to distribute. Client ran a red light and caused a three vehicle wreck. A search of Client’s vehicle yielded two ounces of marijuana and $1,500 in cash. A breath test showed that Client was twice the legal limit (.02) at .041. Client was charged with possession of marijuana with intent to distribute, two counts of DUI, red light violation, and underage consumption by the City of Cumming police officer. Attorney Parker McFarland represented Client at the license suspension hearing and convinced the judge that there was insufficient probable cause for the DUI arrest; therefore, Client’s administrative license suspension was reversed. Attorney Parker McFarland filed a motion to suppress all the evidence in Forsyth County Superior Court based on the illegal arrest. Prior to the hearing, the District Attorney agreed that the arrest was invalid; therefore, all resulting evidence was inadmissible. All criminal charges were dismissed. Client’s probation was not revoked and he got his $1,500 back.
14. Attorney Parker McFarland has obtained numerous reductions of DUI charges to reckless driving in which the Client refused to submit to a breath or blood test. Additionally, Attorney Parker McFarland has successfully negotiated a reduction of the DUI charge to reckless driving with the following breath test results from separate cases in Forsyth County, City of Cumming, Dawson County, Lumpkin County, City of Dahlonega, City of Atlanta, City of Braselton, and Gwinnett County: .080, .084, .090, .093, .099, .100, .117, .176, .177, .187, .188, and .206.
    Attorney Parker McFarland has also obtained a reduction of a DUI charge to reckless driving for individuals under age 21 (where the legal limit is .02) with breath tests of .082 in Forsyth County and .054 in Dawson County.